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GIFT  OF 


Regulations 


FOR  THE 


National  Military  Parks 

And  the  Statutes  under  which  they  were 
Organized  and  are  Administered 


1914 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1914 


;    ' 


WAR  DEPARTMENT, 
Washington,  July  1, 19H* 

The  following  regulations  for  the  national  military  parks  under 
the  jurisdiction  of  this  department  are  published  for  the  information 
and  guidance  of  all  concerned,  and  all  regulations  heretofore  issued 
which  are  inconsistent  therewith  are  hereby  revoked. 

They  will  be  strictly  observed  and  enforced  by  the  officers  and 
employees  of  the  several  parks. 

HENRY  BRECKINRIDGE, 

Assistant  Secretary  of  War. 
(3) 


345911 


REGULATIONS. 


(5) 


EEGULATIONS. 


OFFICE  ADMINISTRATION. 

The  chairman  of  each  of  the  several  national  military  park  com- 
missions shall  act  as  the  chief  executive  officer  thereof,  except  when 
specific  directions  to  the  contrary  in  any  particular  case  have  been 
issued  or  shall  be  issued  by  the  Secretary  of  War.  He  shall  sign  all 
official  communications  on  behalf  of  the  commission  and  shall  ap- 
prove all  accounts  and  vouchers  for  expenditures  which  are  submitted 
to  the  department  for  payment.  He  shall  deposit  to  the  credit  of  the 
Treasurer  of  the  United  States,  at  the  close  of  each  month,  all 
moneys  received  during  the  month  from  rents,  fines,  and  other  mis- 
cellaneous sources,  and  shall  forward  an  itemized  account  thereof 
to  the  Secretary  of  War,  showing  the  source  or  sources  from  which 
such  moneys  were  received,  supporting  all  expenditures,  if  any,  made 
from  such  receipts  by  vouchers  therefor. 

MONUMENTS,   MARKERS,   AND   TABLETS. 

1.  Statements  of  the  proposed  dimensions,  designs,  inscriptions 
upon  and  material  for  all  monuments,  markers,  and  tablets  shall 
be  submitted  in  duplicate  to  the  commissioners  of  the  parks  in  which 
they  are  to  be  erected,  and,  in  the  case  of  monuments,  plans  and 
elevations  showing  exact  measurements  and  a  careful  estimate  of 
weight  shall  also  be  submitted.    The  commissioners  will  report  the 
cases  submitted,  with  their  recommendations,  to  the  Secretary  of 
War,  and  upon  his  approval  such  monuments,  markers,  or  tablets 
may  be  erected,  but  not  until  such  approval  shall  have  been  given. 

2.  Monuments,  markers,  and  other  permanent  memorials  in  the 
several  parks  shall  be  constructed  of  bronze  or  of  granite  or  such 
other  durable  stone  as,   after  investigation  by  the  park  commis- 
sioners, shall  be  recommended  by  them  to  and  be  approved  by  the 
Secretary  of  War.    The  number  of  markers  shall  be  limited  to  such  as, 
in  the  judgment  of  the  Secretary  of  War,  shall  be  necessary  to  desig- 
nate important  positions. 

3.  Inscriptions  upon  monuments,  tablets,  and  other  memorials  in 
any  park  to  commands  or  individuals  must  be  purely  historical  and 

(7) 


8 

must  be  confined  Co  the  campaign  or  battle  which  the  park  com- 
memorates. They  must  be  based  upon  and  conform  to  the  official 
reports  of  the  campaign  or  battle  as  contained  in  the  records  of  the 
War  Department  and  must  be  submitted  through  the  chairman  of  the 
park  commission  to  the  Secretary  of  War  for  his  approval  before 
being  adopted  or  placed  within  the  park.  Monuments,  tablets,  or 
other  memorials  erected  in  honor  of  individuals  may  have  placed 
thereon  in  each  case  an  additional  and  separate  inscription  containing 
the  dates  of  birth  and  death  and  a  brief  statement  of  the  military  his- 
tory of  the  individual  commemorated,  to  be  located  in  such  position  as 
to  avoid  confusion  with  the  main  inscription  relating  to  the  indi- 
vidual's participation  in  the  campaign  or  battle,  such  additional 
inscription  to  be  in  accordance  with  the  official  records  and  subject 
to  the  approval  of  the  Secretary  of  War.  Hereafter  inscriptions 
upon  monuments,  tablets,  or  other  memorials  shall  not  contain 
any  reference  to  or  description  of  the  donors. 

4.  The  location  proposed  for  each  monument,  marker,  or  other 
permanent  memorial  in  any  park  shall  be  submitted  to  the  Secretary 
of  War,  through  the  park  commissioners,  for  his  approval.     No  such 
memorial  shall  be  erected  until  the  approval  of  its  location  shall  have 
been  obtained. 

5.  Regimental  monuments  shall  be  placed  on  brigade  lines  on 
ground  where  the  regiments  did  notable  fighting.     If,  however,  a 
regiment  became  separated  from  its  own  brigade  and  distinguished 
itself  particularly,  while  alone  or  attached  to  another  brigade,  its 
monument  may  be  so  placed  as  to  show  that  fact.    Memorial  monu- 
ments erected  by  the  States  must  be  located  on  the  ground  upon 
which  some  of  the  troops  of  the  State  erecting  the  monuments  were 
engaged.     Where  troops  fought  outside  the  limits  of  the  park  their 
monuments  may  be  placed  at  such  points  within  the  park  as  the  com- 
missioners of  the  park  may  designate. 

6.  Brigades,  divisions,  and  corps  may  be  designated,  in  inscrip- 
tions, by  their  numbers  where  that  method  was  used,  or  by  the  names 
of  their  respective  commanders,  or  by  both. 

7.  No   monument,   marker,   or  tablet   shall  be  moved,   changed, 
cleaned,  or  repaired  in  any  park  except  by  the  commission  of  said 
park  or  under  its  special  authority  in  writing. 

8.  Contractors  for  the  erection  of  monuments  in  any  of  the  na- 
tional military  parks  shall  notify  the  park  engineer  or  superintend- 
ent of  the  time  when  and  place  where  they  propose  to  begin  work, 
and  will  receive  from  him  a  written  permit  specifying  the  monuments 
to  be  erected.     After  the  completion  of  the  work  the  contractors  must 
clear  the  ground  of  all  rubbish  which  they  may  have  accumulated 
and  leave  it  in  as  good  condition  as  at  the  commencement  of  the  work. 


9 

9.  No  work  upon  monuments  or  other  markers  or  tablets  within 
any  one  of  the  several  parks  or  approaches  thereto  shall  be  permitted 
on  Sunday. 

ROADS. 

10.  The  width  of  the  tires  of  all  mounted  trucks  or  other  vehicles 
carrying  loads  weighing  2,500  pounds  or  more  over  the  roads  of  the 
several  parks  shall,  with  respect  to  the  weight  of  the  loads  carried,  be 
not  less  than  those  specified  in  the  following  table : 

Tires 
(inches). 

2,500  to  3,000  pounds 2* 

3,000  to  4,000  pounds w 3 

4,000  to  5,000  pounds 4 

5,000  to  15,000  pounds 4£ 

15,000  to  25,000  pounds 5 

25,000  to  35,000  pounds 6 

For  loads  exceeding  35,000  pounds  1  inch  additional  width  of  tire 
for  each  additional  5,000  pounds  of  load. 

No  hauling  of  heavy  monuments  will  be  permitted  in  wet  weather. 
No  monument  truck  wagon  or  vehicle  of  any  kind  shall  be  driven  on 
any  of  the  avenues  or  roads  of  the  several  parks  with  locked  wheels. 

It  shall  be  the  duty  of  the  commissioners  of  the  several  parks  to 
forbid  and  prevent  the  erection  of  any  monuments  or  markers  which 
shall  have  been  hauled  in  violation  of  these  regulations. 

11.  All  persons,  in  traveling  by  vehicles  or  on  horseback  over  the 
roads  of  a'ny  of  the  parks,  shall  confine  their  course  to  the  roads  con- 
structed for  such  purpose  and  to  the  right-hand  side  of  such  roads, 
and  in  passing  a  vehicle  going  in  the  same  direction  they  shall  turn 
to  the  left.     No  person  shall  willfully  or  knowingly  use,  for  riding 
or  driving  over  such  roads,  animals  not  broken  or  under  control. 
Automobiles  and  motor  cycles  to  be  used  on  the  roads  of  the  parks 
must  be  equipped  with  horns  and  with  accurate  and  reliable  speedom- 
eters, and  shall  not  be  run  at  a  speed  exceeding  the  rate  of  12  miles 
per  hour,  or  8  miles  per  hour  in  approaching  and  rounding  curves, 
at  which  time  also  the  horns  must  be  sounded. 

LEASES   OF   GOVERNMENT   PROPERTY. 

12.  Hereafter  all  leases  of  Government  property  within  the  several 
national  military  parks  shall  be  executed  by  the  Secretary  of  War  on 
behalf  of  the  United  States  as  lessor  and  by  the  lessees.     Such  leases 
shall  be  executed  in  triplicate,  one  copy  to  be  delivered  to  the  lessee, 
one  copy  to  be  retained  in  the  office  files  of  the  park  within  which  the 
property  is  situated,  and  one  copy  to  be  returned  to  the  Secretary  of 
War  for  file  in  the  office  of  the  Judge  Advocate  General  with  the 
deeds  and  other  title  papers  pertaining  to  said  park. 

54025—14 2 


10 

MISCELLANEOUS  PROVISIONS. 

13.  The  removal,  destruction,  mutilation,  injuring,  or  defacement 
of  any  mounment,  statue,  marker,  guidepost,  or  other  structure,  or 
of  any  fence,  railing,  inclosure,  or  other  work  for  ornament  or  pro- 
tection in  any  park  is  prohibited. 

14.  Removing,  destroying,  breaking  down,  or  otherwise  injuring 
any  tree,  shrub,  or  plant  growing  upon  any  park  is  prohibited. 

15.  Hunting  with  dog,  gun,  or  trap,  or  interfering  with  birds  or 
their  nests  within  the  limits  of  any  park  is  prohibited. 

16.  Parties  are  prohibited  from  camping  within  any  park  with- 
out the  consent  of  the  commissioners  or  superintendent  thereof  and 
then  only  upon  such  grounds  as  these  officers  may  designate.    Such 
parties  will  be  held  responsible  for  fires  or  other  damages  caused  by 
them. 

17.  The  purchase  or  sale  of  intoxicating  liquor  within  the  limits 
of  any  park  is  prohibited. 

18.  The  throwing  of  stones  or  other  missiles  within  the  limits  of 
any  park  is  prohibited. 

19.  The  discharge  of  firearms,  fireworks,  or  other  explosives  in 
any  park  without  the  consent  of  the  Secretary  of  War  or  of  the 
commissioners  or  superintendent  of  said  park  is  prohibited. 

20.  Photographs  or  other  views  or  pictures  shall  not  be  taken  in 
any  park  without  the  permission  of  the  Secretary  of  War  or  of 
the  commissioners  or  superintendent  of  said  park. 

21.  The  soliciting  of  alms,  contributions,  or  subscriptions  in  any 
park  is  prohibited. 

22.  Advertisements  or  private  notices  shall  not  be  posted  or  dis- 
played within  any  park  or  along  the  public  roads  leading  thereto  over 
which  jurisdiction  has  been  ceded  to  the  United  States. 

23.  No  live  stock  of  any  kind  shall  be  permitted  to  graze  or  roam 
at  large  in  any  park  except  under  such  restrictions  and  regulations 
as  may  be  approved  by  the  Secretary  of  War  in  the  case  of  any 
particular  park. 

24.  Dogs  shall  not  be  allowed  within  the  limits  of  any  park  unless 
accompanied  by  their  owners. 

25.  No  persons  other  than  authorized  employees  shall  be  permitted 
to  reside  permanently  or  engage  in  any  business  in  any  park  except  by 
authority   of   the   Secretary   of   War,   provided   that   the   sale   of 
refreshments  and  souvenirs  by  persons  not  employees  may  be  per- 
mitted by  the  commissioners  or  superintendents  of  the  several  parks 
on  special  public  occasions.     Employees  of  the  parks  shall  not  be 
permitted  to  engage  in  any  occupation  or  private  business  such  as 
farming,  gardening,  or  merchandising  except  by  authority  of  the 
commissioners  or  superintendent  of  the  park  in  which  employed. 


11 

26.  No  persons  shall  be  permitted  to  offer  their  services  or  to  act 
as  guides  in  any  park  unless  licensed  for  that  purpose  by  the  com- 
missioners or  superintendent  thereof.    They  shall  be  furnished  with 
official  badges  as  evidence  of  their  authority,  which  shall  remain 
the  property  of  the  United   States  and  be  returned  to  the  park 
authorities  upon  revocation  of  their  licenses. 

27.  Employees  of  parks  are  required  at  all  times  to  be  courteous 
to  visitors.     Visitors  are  expected  to  be  orderly.     They  are  invited 
to  report  in  writing  to  the  authorities  in  charge  of  any  park  any 
incivility  or  neglect  on  the  part  of  any  employees  or  guides  thereof. 


STATUTES 


(13 » 


INDEX  TO  STATUTES. 


Paragraph. 

General 1_12 

Use  for  maneuvers : 1 

Same 2 

Same,  regulations 3 

Destruction  of  or  injury  to  monuments,  trees,  etc 4 

Trespassing  for  the  purpose  of  hunting,  shooting,  etc 5 

Superintendents,  etc.,  may  make  arrests 6 

Entry  upon  a  reservation  for  a  purpose  prohibited  by  law . 7 

Cutting  or  injuring  trees,  etc 8 

Cutting  and  chipping  trees  to  secure  pitch,  etc 9 

Breaking  fences,  driving  cattle,  etc.,  upon  reservations 10 

Ejectment  of  lessees , 11 

Vacancies  in  offices  of  commissioners  not  to  be  filled 12 

Chickamauga  and  Chattanooga  National  Military  Park 13-36 

Extent 13 

Designation,  boundaries,  and  area 14 

Supervision  of  Secretary  of  War 15 

Agreements  before  purchase  with  owners  for  future  occupation  and 

use  of  lands  held  by  them 16 

Commissioners,   appointment L. 17 

Same,  where  located 18 

Same,  duties 19 

Same,  shall  mark  locations  of  troops  and  lines  of  battle 20 

Secretary  of  War  shall  make  regulations 21 

Appropriation  for  preliminary  work 22 

Reduction  of  area 23 

Purchases 24 

Same 25 

Same 26 

Purchase  of  sites  for  monuments  in  Lookout  Valley 27 

States  authorized  to  mark  lines  of  battle,  erect  monuments,  etc 28 

States  authorized  to  take  and  use  stone,  gravel,  etc.,  found  within 

the  park  for  foundations 29 

Location  of  monuments 30 

Same,  State  memorials 31 

Leases . 32 

Donation  of  land  for  roads 33 

Marking  locations  with  condemned  cannon  and  cannon  balls 34 

Destruction  of  or  injury  to  monuments,  fences,  trees,  etc 35 

Right  of  way  to  Chattanooga  Rapid  Transit  Co 36 

Gettysburg  National  Park 37-50 

Acquisition    of    lands    from    the    Gettysburg    Battlefield    Memorial 

Association 37 

Designation 38 

(15) 


16 

Gettysburg  National  Park — Continued.  Paragraph. 

Commissioners,  compensation,  duties 39 

Acquisition  of  additional  lands 40 

Same,  condemnation 41 

Disbursements  to  be  approved  by  the  Secretary  of  War  and  reported 

annually   to   Congress 42 

Marking  positions  with  tablets,  opening  and  improving  avenues,  etc__  43 

Same,  continuation  of  work 44 

Improvement  and  maintenance  of  public  roads 45 

Specimens  of  arms,  uniforms,  etc.,  used  in  battle  to  be  preserved  for 

historical  purposes  in  museum  on  field 46 

Leases 47 

Erection  of  tablet  to  contain  President  Lincoln's  Gettysburg  address.  48 
Destruction  of  or  injury  to  monuments,  fences,  trees,  etc.,  and  hunt- 
ing within  the  park 49 

Regulations 50 

Shiloh  National  Military  Park _ 51-61 

Extent,    designation 51 

Acquisition   of  lands 52 

Commissioners,  appointment,  compensation 53 

Same,  duties 54 

Same,  location  of  office ;  limitation  upon  cost  of  lands 55 

States  authorized  to  mark  lines  of  battle  by  monuments,  tablets,  etc 56 

Leases 57 

Destruction  of  or  injury  to  monuments,  fences,  trees,  etc 58 

Disbursements  to  be  approved  by  the  Secretary  of  War  and  reported 

annually   to   Congress 59 

Condemned  cannon,  cannon  balls,  etc 60 

Same 61 

Vicksburg  National  Military  Park 62-69 

Establishment,   extent 62 

Acquisition  of  lands 63 

Leases 64 

Commissioners,  appointment,  compensation 65 

Same,  duties 66 

States  authorized  to  mark  lines  of  battle  by  monuments,  tablets,  etc—  67 
Destruction  of  or  injury  to  monuments,  fences,  trees,  etc.,  and  hunt- 
ing within  the  park 68 

Disbursements  to  be  approved  by  the  Secretary  of  War  and  reported 

annually   to   Congress 69 


STATUTES. 


GENERAL. 

1.  USE  FOR  MANEUVERS. — In  order  to  obtain  practical  benefits  of 
great  value  to  the  country  from  the  establishment  of  national  mili- 
tary parks,  said  parks  and  their  approaches  are  hereby  declared  to 
be  national  fields  for  military  maneuvers  for  the  Eegular  Army  of 
the  United  States  and  the  National  Guard  or  Militia  of  the  States: 
Provided,  That  the  said  parks  shall  be  opened  for  such  purposes 
only  in  the  discretion  of  the  Secretary  of  War,  and  under  such 
regulations  as  he  may  prescribe.1— Act  of  May  15,1896  (29 S tat. ,1%0). 

2.  SAME. — The  Secretary  of  War  is  hereby  authorized,  within  the 
limits  of  appropriations  which  may  from  time  to  time  be  available 
for  such  purpose,  to  assemble,  at  his  discretion,  in  camp  at  such 
season  of  the  year  and  for  such  period  as  he  may  designate,  at  such 
field  of  military  maneuvers,  such  portions  of  the  military  forces  of 
the  United  States  as  he  may  think  best,  to  receive  military  instruc- 
tion there. — Sec.  2,  id. 

3.  SAME,  REGULATIONS. — The  Secretary  of  War  is  further  author- 
ized to  make  and  publish  regulations  governing  the  assembling  of 
the  National  Guard  or  Militia  of  the  several  States  upon  the  maneu- 
vering grounds,  and  he  may  detail  instructors  from  the  Regular 
Army  for  such  forces  during  their  exercises. — Sec.  2,  id. 

4.  DESTRUCTION  OF  OR  INJURY  TO  MONUMENTS,  TREES,  ETC. — Every 
person  who  willfully  destroys,  mutilates,  defaces,  injures,  or  removes 
any  monument,  statue,  marker,  guidepost,  or  other  structure,  or  who 
willfully  destroys,  cuts,  breaks,  injures,  or  removes  any  tree,  shrub, 
or  plant  within  the  limits  of  any  national  parks,  shall  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  one  thousand  dollars  for  each  monument, 

1  Section  35  of  the  act  of  Feb  2,  1901  (31  Stat.,  757),  contained  a  provision  that 
"  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  and  directed  to  cause  pre- 
liminary examinations  and  surveys  to  be  made  for  the  purpose  of  selecting  four  sites 
with  a  view  to  the  establishment  of  permanent  camp  grounds  for  instruction  of  troops 
of  the  Regular  Army  and  National  Guard,  with  estimates  of  the  cost  of  the  sites  and 
their  equipment,  with  all  modern  appliances,  and  for  this  purpose  is  authorized  to  detail 
such  officers  of  the  Army  as  may  be  necessary  to  carry  on  the  preliminary  work ;  and 
the  sum  of  ten  thousand  dollars  is  hereby  appropriated  for  the  necessary  expense  of 
such  work,  to  be  disbursed  under  the  direction  of  the  Secretary  of  War :  Provided, 
That  the  Secretary  of  War  shall  report  to  Congress  the  result  of  such  examination  and 
surveys ;  and  no  contract  for  said  sites  shall  be  made  nor  any  obligations  incurred  until 
Congress  shall  approve  such  selections  and  appropriate  the  money  therefor." 

54025—14 3  (17) 


18 

statue,  marker,  guidepost,  or  other  structure,  tree,  shrub,'  or  plant 
destroyed,  defaced,  injured,  cut,  or  removed,  or  by  imprisonment  for 
not  less  than  fifteen  days  and  not  more  than  one  year,  or  by  both 
fine  and  imprisonment.— Act  of  March  3, 1897  (%9  Stat.,  621). 

5.  TRESPASSING  FOR  THE  PURPOSE  OF  HUNTING,  SHOOTING,  ETC. — 
Every  person  who  shall  trespass  upon  any  national  parks  for  the 
purpose  of  hunting  or  shooting,  or  who  shall  hunt  any  kind  of  game 
thereon  with  gun  or  dog,  or  shall  set  trap  or  net  or  other  device 
whatsoever  thereon  for  the  purpose  of  hunting  or  catching  game  of 
any  kind,  shall  be  guilty  of  a  misdemeanor,  punishable  by  a  fine  of 
not  more  than  one  thousand  dollars  or  by  imprisonment  for  not  less 
than  five  days  or  more  than  thirty  days,  or  by  both  fine  and  impris- 

'onment. — Sec.  2,  id. 

6.  SUPERINTENDENTS,  ETC..,  MAY  MAKE  ARRESTS. — The  superintend- 
ent or  any  guardian  of  such  park  is  authorized  to  arrest  forthwith 
any  person  engaged  or  who  may  have  been  engaged  in  committing 
any  misdemeanor  named  in  this  act.  and  shall  bring  such  person 
before  any  United  States  commissioner  or  judge  of  any  district  or 
circuit  court  of  the  United   States  within  either  of  the  districts 
within  which  the  park  is  situated,  and  in  the  district  within  which 
the  misdemeanor  has  been  committed,  for  the  purpose  of  holding 
him  to  answer  for  such  misdemeanor,  and  then  and  there  shall  make 
complaint  in  due  form.1 — Sec.  3,  id. 

7.  ENTRY  UPON  A  RESERVATION  FOR  A  PURPOSE  PROHIBITED  BY  LAW. — 
Whoever  shall  go  upon  any  military  reservation,  Army  post,  fort,  or 
arsenal  for  any  purpose  prohibited  by  law  or  military  regulation 
made  in  pursuance  of  law,  or  whoever  shall  reenter  or  be  found 
within  any  such  reservation,  post,  fort,  or  arsenal  after  having  been 
removed  therefrom  or  ordered  not  to  reenter  by  any  officer  or  person 
in  command  or  charge  thereof,  shall  be  fined  not  more  than  five  hun- 
dred dollars  or  imprisoned  not  more  than  six  months,  or  both. — Sec. 
45,  act  of  March  4,  1909,  Criminal  Code  (35  Stat.,  1097}. 

8.  CUTTING  OR  INJURING  TREES,  ETC. — Whoever  shall  unlawfully 
cut,  or  aid  in  unlawfully  cutting,  or  shall  wantonly  injure  or  destroy, 
or  procure  to  be  wantonly  injured  or  destroyed,  any  tree  grooving, 
standing,  or  being  upon  any  land  of  the  United  States  which,  in 
pursuance  of  law,  has  been  reserved  or  purchased  by  the  United 
States  for  any  public  use,  or  upon  any  Indian  reservation,  or  lands 
belonging  to  or  occupied  by  any  tribe  of  Indians  under  the  author- 
ity of  the  United  States,  shall  be  fined  not  more  than  five  hundred 
dollars,  or  imprisoned  not  more  than  one  year,  or  both. — Sec.  50,  id. 

9.  CUTTING  AND  CHIPPING  TREES  TO  SECURE  PITCH,  ETC. — Whoever 
shall  cut,  chip,  chop,  or  box  any  tree  upon  any  lands  belonging  to 

1  For  other  statutes  respecting  the  punishment   of  offenses  committed  in  national  mili- 
tary parks,  see  pars.  7,  8,  9,  10,  35,  49,  58,  and  68,  post. 


19 

the  United  States  or  upon  any  lands  covered  by  or  embraced  in 
any  unperfected  settlement,  application,  filing,  entry,  selection,  or 
location,  made  under  any  law  of  the  United  States,  for  the  purpose 
of  obtaining  from  such  tree  any  pitch,  turpentine,  or  other  substance, 
or  shall  knowingly  encourage,  cause,  procure,  or  aid  in  the  cutting, 
chipping,  chopping,  or  boxing  of  any  such  tree,  or  shall  buy,  trade 
for,  or  in  any  manner  acquire  any  pitch,  turpentine,  or  other  sub- 
stance, or  any  article  or  commodity  made  from  any  such  pitch,  tur- 
pentine, or  other  substance,  when  he  has  knowledge  that  the  same 
has  been  so  unlawfully  obtained  from  such  trees,  shall  be  fined  not 
more  than  five  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both. — Sec.  51,  id. 

10.  BREAKING  FENCES,  DRIVING  CATTLE,  ETC.,  UPON  RESERVATIONS. — 
Whoever  shall  knowingly  and  unlawfully  break,  open,  or  destroy  any 
gate,  fence,  hedge,  or  wall  inclosing  any  lands  of  the  United  States 
which,  in  pursuance  of  any  law,  have  been  reserved  or  purchased  by  the 
United  States  for  any  public  use;  or  whoever  shall  drive  any  cattle, 
horses,  hogs,  or  other  live  stock  upon  any  such  lands  for  the  purpose  of 
destroying  the  grass  or  trees  on  said  lands,  or  where  they  may  destroy 
the  said  grass  or  trees ;  or  whoever  shall  knowingly  permit  his  cattle, 
horses,  hogs,  or  other  live  stock,  to  enter  through  any  such  inclosure 
upon  any  such  lands  of  the  United  States,  where  such  cattle,  horses, 
hogs,  or  other  live  stock  may  or  can  destroy  the  grass  or  trees  or 
other  property  of  the  United  States  on  the  said  lands,  shall  be  fined 
not  more  than  five  hundred  dollars,  or  imprisoned  not  more  than 
one  year,  or  both:  Provided,  That  nothing  in  this  section  shall  be 
construed  to  apply  to  unreserved  public  lands. — Sec.  56,  id. 

11.  EJECTMENT  OF  LESSEES. — Any  person  to  whom  land  lying  within 
any  national  parks  may  have  been  leased,  who  refuses  to  give  up 
possession  of  the  same  to  the  United  States  after  the  termination  of 
the  said  lease,  and  after  possession  has  been  demanded  for  the  United 
States  by  any  park  commissioner  or  the  park  superintendent,  or 
any  person  retaining  possession  of  land  lying  within  the  boundary 
of  said  park  which  he  or  she  may  have  sold  to  the  United  States  for 
park  purposes  and  have  received  payment  therefor,  after  possession 
of  the  same  has  been  demanded  for  the  United  States  by  any  park 
commissioner  or  the  park  superintendent,  shall  be  deemed  guilty 
of  trespass,  and  the  United  States  may  maintain  an  action  for  the 
recovery  of  the  possession  of  the  premises  so  withheld  in  the  courts 
of  the  United  States,  according  to  the  statutes  or  code  of  practice 
of  the  State  in  which  the  park  may  be  situated.1 — Sec.  4,  id. 

12.  VACANCIES  IN  OFFICES  OF  COMMISSIONERS  NOT  TO  BE  FILLED. — 
Hereafter  vacancies  occurring  by  death  or  resignation  in  the  mem- 

1  For    enactments    juitliorizing    lenses    of    land    included    within    the    limits    of    national 
military  parks,  see  pars.  32,  47,  57,  and  64,  post. 


20 

bership  of  the  several  commissions  in  charge  of  national  military 
parks  shall  not  be  filled,  and  the  duties  of  the  offices  thus  vacated 
shall  devolve  upon  the  remaining  commissioners  or  commissioner  for 
each  of  said  parks  :  Provided,  That  as  vacancies  occur  hereunder  the 
Secretary  of  War  shall  become  ex  officio  a  member  of  the  commis- 
sion effected  with  full  authority  to  act  with  the  remaining  commis- 
sioners or  commissioner,  and  in  case  of  the  vacation  of  all  the  offices 
of  commissioner  in  any  one  park  hereunder  the  duties  of  such  com- 
mission shall  thereafter  be  performed  under  the  direction  of  the 
Secretary  of  War.—  Act  of  Aug.  %  1912  (37  Stat., 


CHICKAMAUGA  AND  CHATTANOOGA  NATIONAL  MILITARY  PARK. 

13.  EXTENT.  —  For  the  purpose  of  preserving  and  suitably  marking 
for  historical  and  professional  military  study  the  fields  of  some  of 
the  most  remarkable  maneuvers  and  most  brilliant  fighting  in  the 
War  of  the  Rebellion,  and  upon  the  ceding  of  jurisdiction  to  the 
United  States  by  the  States  of  Tennessee  and  Georgia,  respectively, 
and  the  report  of  the  Attorney  General  of  the  United  States  that 
the  title  to  the  lands  thus  ceded  is  perfect,  the  following  described 
highways  in  those  States  are  hereby  declared  to  be  approaches  to 
and  parts  of  the  Chicknmauga  and  Chattanooga  National  Military 
Park  as  established  by  the  second  section  of  this  act.  to  wit:  First, 
the  Missionary  Ridge  Crest  road  from  Sherman  Heights  at  the 
north  end  of  Missionary  Ridge,  in  Tennessee,  where  the  said  road 
enters  upon  the  ground  occupied  by  the  Army  of  the  Tennessee  un- 
der Major  General  William  T.  Sherman,  in  the  military  operations 
of  November  twenty-fourth  and  twenty-fifth,  eighteen  hundred  and 
sixty-three;  thence  along  said  road  through  the  positions  occupied 
by  the  army  of  General  Braxton  Bragg  on  November.  twenty-fifth, 
eighteen  hundred  and  sixty-three,  and  which  were  assaulted  by  the 
Army  of  the  Cumberland  under  Major  General  George  H.  Thomas 
on  that  date,  to  where  the  said  road  crosses  the  southern  boundary 
of  the  State  of  Tennessee,  near  Rossville  Gap,  Georgia,  upon  the 
ground  occupied  by  the  troops  of  Major  General  Joseph  Hooker, 
from  the  Army  of  the  Potomac,  and  thence  in  the  State  of  Georgia 
to  the  junction  of  said  road  with  the  Chattanooga  and  Lafayette  or 
State  road  at  Rossville  Gap;  second,  the  Lafayette  or  State  road 
from  Rossville,  Georgia,  to  Lee  and  Gordon's  Mills,  Georgia;  third, 
the  road  from  Lee  and  Gordon's  Mills,  Georgia,  to  Crawfish  Springs. 
Georgia;  fourth,  the  road  from  Crawfish  Springs,  Georgia,  to  the 
crossing  of  the  Chickamauga  at  Glass'  Mills,  Georgia  ;  fifth,  the  Dry 
Valley  road  from  Rossville,  Georgia,  to  the  southern  limits  of  Mc- 
Farland's  Gap  in  Missionary  Ridge;  sixth,  the  Dry  Valley  and 
Crawfish  Springs  road  from  McFarland's  Gap  to  the  intersection 
of  the  road  from  Crawfish  Springs  to  Lee  and  Gordon's  Mills; 


21 

seventh,  the  road  from  Kino-old,  Georgia,  to  Reed's  Bridge  on  the 
Ohickamauga  River;  eighth,  the  roads  from  the  crossing  of  Lookout 
Creek  across  the  northern  slope  of  Lookout  Mountain  and  thence 
to  the  old  Summertown  road  and  to  the  valley  on  the  east  slope 
of  the  said  mountain  and  thence  by  the  route  of  General  Joseph 
Hooker's  troops  to  Rossville,  Georgia,  and  each  and  all  of  these 
herein  described  roads  shall,  after  the  passage  of  this  act,  remain 
open  as  free  public  highways,  and  all  rights  of  way  now  existing 
through  the  grounds  of  the  said  park  and  its  approaches  shall  be 
continued.— Act  of  August  19,  1890  (26  Stat.,  333). 

14.  DESIGNATION,   BOUNDARIES,    AND   AREA. — Upon   the   ceding   of 
jurisdiction  by  the  legislature  of  the  State  of  Georgia,  and  the  report 
of  the  Attorney  General  of  the  United  States  that  a  perfect  title  has 
been  secured  under  the  provisions  of  the  act  approved  August  first, 
eighteen  hundred  and  eighty-eight,  entitled  "An  act  to  authorize 
condemnation  of  land  for  sites  for  public  buildings,  and  for  other 
purposes,"  the  lands  and  roads  embraced  in  the  area  bounded  as 
herein  described,  together  with  the  roads  described  in  section  one  of 
this  act,  are  hereby  declared  to  be  a  national  park,  to  be  known  as  the 
Chickamauga  and  Chattanooga  National  Park;  that  is  to  say,  the 
area  inclosed  by  a  line  beginning  on  the  Lafayette  or  State  road,  in 
Georgia,  at  a  point  where  the  bottom  of  the  ravine  next  north  of  the 
house  known  on  the  field  of  Chickamauga  as  the  Cloud  House,  and 
being  about  six  hundred  yards  north  of  said  house,  due  east  to  the 
Chickamauga  River  and  due  west  to  the  intersection  of  the  Dry  Val- 
ley road  at  McFarlands  Gap ;  thence  along  the  west  side  of  the  Dry 
Valley  and  Crawfish  Springs  roads  to  the  south  side  of  the  road  from 
Crawfish  Springs  to  Lee  and  Gordons  Mills;  thence  along  the  south 
side  of  the  last-named  road  to  Lee  and  Gordons  Mills;  thence  along 
the  channel  of  the  Chickamauga  River  to  the  line  forming  the  north- 
ern boundary  of  the  park  as  hereinbefore  described,  containing  seven 
thousand  six  hundred  acres,  more  or  less. — Sec.  2,  id. 

15.  SUPERVISION  OF  SECRETARY  or  WAR. — The  said  Chickamauga 
and  Chattanooga  National  Park,  and  the  approaches  thereto,  shall 
be  under  the  control  of  the  Secretary  of  War,  and  it  shall  be  his 
duty,  immediately  after  the  passage  of  this  act,  to  notify  the  Attor- 
ney General  of  the  purpose  of  the  United  States  to  acquire  title  to 
the  roads  and  lands  described  in  the  previous  sections  of  this  act 
under  the  provisions  of  the  act  of  August  first,  eighteen  hundred  and 
eighty-eight;  and  the  said  Secretary,  upon  receiving  notice  from  the 
Attorney  General  of  the  United  States  that  perfect  titles  have  been 
secured  to  the  said  lands  and  roads,  shall  at  once  proceed  to  establish 
and  substantially  mark  the  boundaries  of  the  said  park. — Sec.  3,  id. 

16.  AGREEMENTS  BEFORE  PURCHASE  WITH  OWNERS  FOR  FUTURE  OCCU- 
PATION AND  USE  OF  LANDS  HELD  BY  THEM. — The  Secretary  of  War  is 


22 

hereby  authorized  to  enter  into  agreements,  upon  such  nominal 
terms  as  he  may  prescribe,  with  such  present  owners  of  the  land  as 
may  desire  to  remain  upon  it,  to  occupy  and  cultiAnte  their  present 
holdings,  upon  condition  that  they  will  preserve  the  present  build- 
ings and  roads,  and  the  present  outlines  of  field  and  forest,  and  that 
they  will  only  cut  trees  or  underbrush  under  such  regulations  as  the 
Secretary  may  prescribe,  and  that  they  will  assist  in  caring  for  and 
protecting  all  tablets,  monuments, .  or  such  other  artificial  works  as 
may  from  time  to  time  be  erected  by  proper  authority.— Sec.  4,  id. 

17.  COMMISSIONERS,  APPOINTMENT.— The  affairs  of  the  Chicka- 
mauga  and  Chattanooga  National  Park  shall,  subject  to  the  super- 
vision and  direction  of  the  Secretary  of  War,  be  in  charge  of  three 
commissioners,  each  of  whom  shall  have  actively  participated  in  the 
Battle  of  Chickamauga  or  one  of  the  battles  about  Chattanooga,  two 
to  be  appointed  from  civil  life  by  the  Secretary  of  War,  and  a  third, 
who  shall  be  detailed  by  the  Secretary  of  War  from  among  those 
officers  of  the  Army  best  acquainted  with  the  details  of  the  battles 
of  Chickamauga  and  Chattanooga,  who  shall  act  as  secretary  of  the 
commission.  The  said  commissioners  and  secretary  shall  have  an 
office  in  the  War  Department  Building,  and  while  on  actual  duty 
shall  be  paid  such  compensation,  out  of  the  appropriation  provided 
in  this  act,  as  the  Secretary  of  War  shall  deem  reasonable  and  just— 
Sec.  &,  id. 

IS.  SAME,  WHERE  LOCATED. — The  affairs  of  the  Chickamauga  and 
Chattanooga  National  Military.  Park  shall,  subject  to  the  supervision 
and  direction  of  the  Secretary  of  War,  be  in  charge  of  three  commis- 
sioners, to  be  appointed  by  the  Secretary  of  War,  each  of  whom 
shall  have  actively  participated  in  the  Battle  of  Chickamauga,  or 
in  one  of  the  battles  about  Chattanooga;  one  of  whom,  upon  desig- 
nation by  the  Secretary  of  War,  shall  act  as  chairman,  and  another 
as  secretary  of  the  commission.  The  said  commissioners  shall  have 
an  office  in  Chattanooga,  Tennessee,  and  shall  receive  compensation 
at  the  rate  of  three  hundred  dollars  per  month. — Act  of  April  8. 
1910  (36  Stat.,  293.} 

19.  SAME  DUTIES. — It  shall  be  the  duty  of  the  commissioners  named 
in  the  preceding  section,  under  the  direction  of  the  Secretary  of  War, 
to  superintend  the  opening  of  such  roads  as  may  be  necessary  to  the 
purposes  of  the  park,  and  the  repair  of  the  roads  of  the  same,  and 
to  ascertain  and  definitely  mark  the  lines  of  battle  of  all  troops 
engaged  in  the  battles  of  Chickamauga  and  Chattanooga,  so  far  as 
the  same  shall  fall  within  the  lines  of  the  park  as  defined  in  the 
previous  sections  of  this  act,  and,  for  the  purpose  of  assisting  them 
in  their  duties  and  in  ascertaining  these  lines,  the  Secretary  of  War 
shall  have  authority  to  employ,  at  such  compensation  as  he  may 


23 

deem  reasonable  and  just,  to  be  paid  out  of  the  appropriation  made 
by  this  act,  some  person  recognized  as  well  informed  in  regard  to 
the  details  of  the  battles  of  Chickamauga  and  Chattanooga,  and  who 
shall  have  actively  participated  in  one  of  those  battles,  and  it  shall 
be  the  duty  of  the  Secretary  of  War  from  and  after  the  passage  of 
this  act,  through  the  commissioners,  and  their  assistant  in  historical 
work,  and  under  the  act  approved  August  first,  eighteen  hundred 
and  eighty-eight,  regulating  the  condemnation  of  land  for  public- 
uses,  to  proceed  with  the  preliminary  work  of  establishing  the  park 
and  its  approaches  as  the  same  are  defined  in  this  act,  and  the 
expenses  thus  incurred  shall  be  paid  out  of  the  appropriation  pro 
vided  by  this  act.1 — Sec.  £,  id. 

20.  SAME,  SHALL,  MARK  LOCATIONS  or  TROOPS  AND  LINES  OF  BATTLE. — 
It  shall  be  the  duty  of  the  commissioners,  acting  under  the  direction 
of  the  Secretary  of  War,  to  ascertain  and  substantially  mark  the 
locations  of  the  regular  troops,  both  infantry  and  artillery,  within 
the  boundaries  of  the  park,  and  to  erect  monuments  upon  those  posi- 
tions as  Congress  may  provide  the  necessary  appropriations ;  and  the 
Secretary  of  War  in  the  same  way  may  ascertain  and  mark  all  lines 
of  battle  within  the  boundaries  of  the  park  and  erect  plain  and  sub- 
stantial historical  tablets  at  such  points  in  the  vicinity  of  the  park 
and  its  approaches  as  he  may  deem  fitting  and  necessary  to  clearly 
designate   positions   and  movements,  which,   although   without   the 
limits  of  the  park,  were  directly  connected  with  the  battles  of  Chicka- 
mauga and  Chattanooga. — Sec.  7,  id. 

21.  SECRETARY  OF  A¥AR  SHALL  MAKE  REGULATIONS. — The  Secretary 
of  War,  subject  to  the  approval  of  the  President   of  the  United 
States,  shall  have  the  power  to  make,  and  shall  make,  all  needed 
regulations  for  the  care  of  the  park  and  for  the  establishment  and 
marking  of  the  lines  of  battle  and  other  historical  features  of  the 
park. — Sec.  9,  id. 

22.  APPROPRIATION  FOR  PRELIMINARY  WORK. — To  enable  the  Secre- 
tary of  War  to  begin  to  carry  out  the  purposes  of  this  act,  including 
the  condemnation  and  purchase  of  the  necessary  land,  marking  the 
boundaries  of  the  park,  opening  or  repairing  necessary  roads,  maps, 
and  surveys,  and  the  pay  and  expenses  of  the  commissioners  and 
their  assistant,  the  sum  of  one  hundred  and  twenty-five  thousand  dol- 
lars, or  such  portion  thereof  as  may  be  necessary,  is  hereby  appro- 
priated out  of  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated, and  disbursements  under  this  act  shall  require  the  approval 
of  the  Secretary  of  War,  and  he  shall  make  annual  report  of  the 
same  to  Congress. — Sec.  11,  id. 

1  AU  vouchers  in  support  of  disbursements  under  the  act  of  Aug.  19,  1890  (26  Stat., 
833 ) ,  providing  for  the  Chickamauga  and  Chattanooga  National  Military  Park,  and  the 
acts  supplementary  thereto,  require  the  approval  of  the  Secretary  of  War.  (9  Comp. 
Dec.,  446.) 


24 

23.  REDUCTION  OF  AREA. — The  Secretary  of  War.  upon  the  recom- 
mendation of  the  Chickamauga  Park  Commissioners,  may  confine  the 
limits  of  the  park  to  such  reduced  area,  within  the  bounds  fixed  by 
the  said  act,  as  may  be  sufficient  for  the  purposes  of  the  said  act,  and 
the  acquisition  of  title  by  the  United  States  to  such  reduced  area 
shall  be  held  to  be  a  compliance  with  the  terms  of  said  act,  and  such 
title  shall  be  procured  by  the  Secretary  of  War  and  under  his  direc- 
tion in  accordance  with  the  methods  prescribed  in  sections  four,  five, 
and  six  of  the  act  approved  February  twenty-second,  eighteen  hun- 
dred and  sixty-seven,  entitled  "An  act  to  establish  and  protect  na- 
tional cemeteries,"  which  procurement  of  title  shall  be  held  to  be  a 
compliance  with  the  act  establishing  the  said  park,  and  the  Secre- 
tary of  War  shall  proceed  with  the  establishment  of  the  park  as 
rapidly  as  jurisdiction  over  the  roads  of  the  park  and  its  approaches 
and  title  to  the  separate  parcels  of  land  which  compose  it  may  be 
obtained  from  the  United  States.— Act  of  March  3,  1891   (26  Stat., 
978). 

24.  PURCHASES. — To  enable  the  Secretary  of  War  to  complete  the 
establishment  of  the  Chickamauga  and  Chattanooga  National  Mili- 
tary Park  according  to  the  terms  of  existing  laws,  including  surveys, 
maps,  models  in  relief,  the  purchase  of  Orchard  Knob  and  Sher- 
man's Earthworks,  and  for  observation  towers  and  the  purchase  of 
sites  for  two  of  them,  one  hundred  and  fifty  thousand  dollars. — Act 
of  August  5, 1892  (27  Stat.,  376). 

25.  SAME. — To  enable  the  Secretary  of  War  to  complete  the  estab- 
lishment of  the  Chickamauga  and  Chattanooga  National  Military 
Park,  according  to  the  terms  of  existing  lawrs,  including  the  con- 
struction of  roads,  surveys,  maps,  iron  gun  carriages,  administration 
building,  the  purchase  of  land  within  the  legal  area  of  the  park  and 
the  north  point  of  Lookout  Mountain,1  and  for  widening  roads,  for 
bronze  historical  tablets,  repairs  to  bridges,  one  observation  tower 
on  Orchard  Knob ; 2    *    *    *    in  all,  one  hundred  thousand  dollars. — 
Act  of  March  3,1893  (27  Stat.,  376). 

26.  SAME.-^TO     *     *     *    complete  the  establishment  of  the  park, 
*     *     *       including  road  construction,  foundations  for 
State  monuments,  the  purchase   of  the  north  end   of   Missionary 
Eidge,  and  monument  sites  in  the  vicinity  of  Glass's  Mills 

in  all,  seventy-five  thousand  dollars.— Act  of  August  18,  1894   (®$ 
Stat.,  40-3). 

irThe  act  of  July  1,  1890  (30  Stat.,  629),  contains  provision  for  the  completion  of  this 
purchase. 

2  The  term  "  or  other  public  building  of  any  kind  whatever,"  used  in  sec.  355,  Rev. 
Stats.,  field  to  include  the  "  observation  towers,"  for  the  erection  of  which  in  the  Chicka- 
mauga and  Chattanooga  National  Park  appropriations  were  made  in  the  acts  of  Aug.  5, 
1892,  and  Mar.  3,  1893.  Consent  by  the  legislature  of  the  State  to  the  purchase  of  the 
land  by  the  United  States  is  therefore  requisite  before  the  appropriation  can  legally  be 
expended.  (Dig.  Opin.  J.  A.  G.,  940  G.  1.) 


25 

27.  PURCHASE  OF  SITES  FOR  MONUMENTS  IN  LOOKOUT  VALLEY. — To 

complete  the  establishment  of  the  *  *  *  park,  *  *  * 
including  road  work,  memorial  gateway  and  designs  therefor^ 
*  land  the  purchase  of  which  has  heretofore  been  authorized 
by  law,  sites  for  monuments  in  Lookout  Valley,  not  to  exceed  three 
hundred  dollars  in  all;  in  all,  seventy-five  thousand  dollars. — Act  of 
March  2,  1895  (28  Stat.,  945}. 

28.  STATES  AUTHORIZED  TO  MARK  LINES  OF  BATTLE,  ERECT  MONU- 
MENTS, ETC. — It  shall  be  lawful  for  the  authorities  of  any  State  hav- 
ing troops  engaged  either  at  Chattanooga  or  Chickamauga,  and  for 
the  officers  and  directors  of  the  Chickamauga  Memorial  Association,, 
a  corporation  chartered  under  the  laws  of  Georgia,  to  enter  upon, 
the  lands  and  approaches  of  the  Chickamauga  and  Chattanooga 
National  Park  for  the  purpose  of  ascertaining  and  marking  the  lines 
of  battle  of  troops  engaged  therein :  Provided,  That  before  any  such 
lines  are  permanently  designated  the  position  of  the  lines  and  the 
proposed  methods  of  marking  them  by  monuments,  tablets,  or  other- 
wise shall  be  submitted  to  the  Secretary  of  War,  and  shall  first 
receive  the  written  approval  of  the  Secretary,  which  approval  shall 
be  based  upon  formal  written  reports,  which  must  be  made  to  him  in 
each  case  by  the  commissioners  of  the  park. — Sec.  8,  act  of  August 
19,  1890  (26  Stat.,  333}. 

29.  STATES  AUTHORIZED  TO  TAKE  AND  USE  STONE,  GRAVEL,  ETC.,  FOUND 
WITHIN  THE  PARK  FOR  FOUNDATIONS. — The  said  board  of  commis- 
sioners heretofore  appointed  pursuant  to  the  statute  creating  said 
park  is  hereby  empowered  to  authorize  the  boards  or  representatives 
of  the  several  States  building  monuments  upon  said  battlefield  to 
take  and  use,  under  such  rules  and  regulations  and  upon  such  terms 
as  said  national  commission  may  direct,  such  stone  and  other  ma- 
terial, including  sand  and  gravel,  as  may  be  necessary  to  construct 
the  foundation  for  any  such  monuments,  and  which  may  be  found 
within  the  territory  of  said  national  park,  and  the  roads  and  high- 
ways leading  thereto. — Joint  resolution  No.  8,  October  2,  1893   (28 
Stat.,  12}. 

30.  LOCATION  OF. MONUMENTS. — No  monuments  or  memorials  shall 
be  erected  upon  any  lands  of  the  park,  or  remain  upon  any  lands 
which  may  be  purchased  for  the  park,  except  upon  ground  actually 
occupied  in  the  course  of  the  battle  by  troops  of  the  State  which  the 
proposed  monuments  are  intended  to  commemorate,  except  upon 
those  sections  of  the  park  set  apart  for  memorials  to  troops  which 
were  engaged  in  the  campaigns,  but  operated  outside  of  the  legal 
limits  of  the  park;  and  the  regulations  of  the  commissioners  of  the 
park,  as  approved  by  the  Secretary  of  War,  promulgated  December 
fourteenth,  eighteen  hundred  and  ninety-five,  are  hereby  affirmed. — 
Act  of  February  26,  1896  (29  Stat.,  21}. 


26 

31.  SAME,  STATE  MEMORIALS. — State  memorials  shall  be  placed  on 
brigade  lines  of  battle  under  the  direction  of  the  park  commission.— 
Act  of  June  4,  1897  (30  Stat.,  43}. 

32.  LEASES.— The  Secretary  of  War  may  lease  the  lands  of  the 
park  at  his  discretion,  either  to  former  owners  or  other  persons,  for 
agricultural  purposes,  the  proceeds  to  be  applied  by  the  Secretary 
of  War  to  the  repairs  of  roads  and  the  care  of  the  park;  and  from 
this  appropriation  the  Secretary  of  War  is  authorized  to  pay  the 
disbursing  officer  of  the  War  Department  the  sum  of  five  hundred 
dollars    for    disbursing   this    and    former    appropriations    for    said 
park.1— Act  of  August  5,  1892  (27  Stat.,  376}. 

33.  DONATION  OF  LAND  FOR  ROAD. — The  Secretary  of  War  is  hereby 
authorized  to  accept  on  behalf  of  the  United  States  donations  of 
Jand  for  road  purposes.— Act  of  March  3,  1893  (27  Stat.,  599}. 

34.  MARKING  LOCATIONS  WITH  CONDEMNED  CANNON  AND  CANNON 
BALLS. — The  Secretary  of  War  and  the  Secretary  of  the  Navy  are 
hereby  authorized  to  deliver  to  the  Commissioners  of  the  Chicka- 
rnauga  and  Chattanooga  National  Military  Park,  at  the  park,  such 
number  of  condemned  cannon  and  cannon  balls  as  their  judgment 
may  approve,  for  the  purpose  of  their  work  of  indication  and  mark- 
ing location  on  the  battlefields  of  Chickamauga,  Missionary  Ridge, 
and  Lookout  Mountain.— Act  of  August  5,  1892  (27  Stat.,  376}. 

35.  DESTRUCTION   OF   OR   INJURY   TO   MONUMENTS,   FENCES,   TREES, 
ETC. — If  any  person  shall  willfully  destroy,  mutilate,  deface,  injure, 
or  remove  any  monument,  column,  statues,  memorial  structure,  or 
work  of  art  that  shall  be  erected  or  placed  upon  the  grounds  of  the 
park  by  lawful  authority,  or  shall  willfully  destroy  or  remove  any 
fence,  railing,  inclosure,  or  other  work  for  the  protection  or  orna- 
ment of  said  park,  or  any  portion  thereof,  or  shall  willfully  de- 
stroy, cut,  hack,  bark,  break  down,  or  otherwise  injure  any  tree,  bush, 
or  shrubbery  that  may  be  growing  upon  said  park,  or  shall  cut  down 
or  fell  or  remove  any  timber,  battle  relic,  tree  or  trees  growing  or 
being  upon  such  park,  except  by  permission  of  the  Secretary  of  War. 
or  shall  willfully  remove  or  destroy  any  breastworks,  earthworks, 
walls,  or  other  defenses  or  shelter,  or  any  part  thereof,  constructed 
by  the  armies  formerly  engaged  in  the  battles  on  the  lands  or  ap- 
proaches to  the  park,  any  person  so  offending  and  found  guilty 
thereof,  before  any  justice  of  the  peace  of  the  county  in  which  the 
offense  may  be  committed,  shall  for  each  and  every  such  offense  for- 
feit and  pay  a  fine,  in  the  discretion  of  the  justice,  according  to  the 
aggravation  of  the  offense,  of  not  less  than  five  nor  more  than  fifty 
dollars,  one-half  to  the  use  of  the  park  and  the  other  half  to  the 
informer,  to  be  enforced  and  recovered,  before  such  justice,  in  like 

igee  also  section  4,  act  of  Aug.  19,  1890  (26  Stat.,  333),  par.  16,  ante. 


manner  as  debts  of  like  nature  are  now  by  law  recoverable  in  the 
several  counties  where  the  offense  may  be  committed.1 — Sec.  10,  id. 

36.  RIGHT  OF  WAY  TO  CHATTANOOGA  RAPID  TRANSIT  COMPANY. — 
The  Secretary  of  War  is  hereby  authorized,  at  his  discretion,  and 
upon  the  favorable  recommendation  of  the  Chickamauga  and  Chat- 
tanooga National  Park  Commission,  to  grant  a  right  of  way  to  the 
Chattanooga  Rapid  Transit  Company  to  lay  a  single  track  across 
the  Dry  Valley  Road  at  such  point  or  place  thereon  as  said  commis- 
sion may  determine  upon;  and  also,  upon  like  recommendation  of 
said  commission,  may  grant  such  other  concessions  as  may  be  neces- 
sary to  permit  the  said  Chattanooga  Rapid  Transit  Company  to 
extend  its  lines  to  the  Chickamauga  and  Chattanooga  National  Park : 
Provided,  That  such  grant  or  grants  shall  only  become  or  be  opera- 
tive on  the  condition  that  the  track  and  tracks  and  roadbed  of  said 
company  and  the  right  of  way  for  any  and  all  extensions  of  its  road 
to  said  park  from  the  point  of  crossing  said  Dry  Valley  road  shall 
first  be  definitely  fixed  and  located  upon  a  line  or  lines  which  shall 
be  satisfactory  to  and  approved  by  said  commission ;  and  no  part  of 
said  line  or  lines  of  road,  after  being  so  located,  established,  built,  or 
constructed  shall  be  changed,  moved,  or  extended  without  the  con- 
sent in  writing  of  said  commission  thereto  being  first  had  and  ob- 
tained, and  upon  the  further  condition  that  an  agreement  satisfac- 
tory to  said  commission  and  approved  by  it  shall  be  entered  into  on 
the  part  of  said  company  for  the  proper  maintenance  of  the  crossing 
of  said  Dry  Valley  road,  and  at  all  times  keeping  the  same  in  proper 
repair  and  condition.— A ct  of  May  7, 1898  (30  Stat.,  399). 

GETTYSBURG   NATIONAL   MILITARY   PARK. 

37.  ACQUISITION  or  LANDS  FROM  THE  GETTYSBURG  BATTLEFIELD  ME- 
MORIAL ASSOCIATION. — The  Secretary  of  War  is  hereby  authorized  to 
receive  from  the  Gettysburg  Battlefield  Memorial  Association,  a  cor- 
poration chartered  by  the  State  of  Pennsylvania,  a  deed  of  convey- 
ance to  the  United  States  of  all  the  lands  belonging  to  said  associa- 
tion, embracing  about  eight  hundred  acres,  more  or  less,  and  being  a 
considerable  part  of  the  battlefield  of  Gettysburg,  together  with  all 
rights  of  way  over  avenues  through  said  lands  acquired  by  said  asso- 
ciation, and  all  improvements  made  by  it  in  and  upon  the  same. 
Upon  the  due  execution  and  delivery  to  the  Secretary  of  War  of  such 
deed  of  conveyance  the  Secretary  of  War  is  authorized  to  pay  to  the 
said  Battlefield  Memorial  Association  the  sum  of  two  thousand  dol- 
lars, or  so  much  thereof  as  may  be  necessary  to  discharge  the  debts 
of  said  association,  the  amount  of  such  debts  to  be  verified  by  the 
officers  thereof,  and  the  sum  of  two  thousand  dollars  is  hereby  ap- 
propriated out  of  any  money  in  the  Treasury  not  otherwise  appro- 

1  For  general  provisions  on  this  subject,  see  act  of  Mar.  3,  1897   (29  Stat.,  621),  pars. 
4  to  11,  ante. 


28 

priated  to  meet  and  defray  such  charges. — Act  of  February  11 , 1895 
(%8  Stat.,651). 

38.  DESIGNATION. — As  soon  as  the  lands  aforesaid  shall  be  conveyed 
to  the  United  States  the  Secretary  of  War  shall  take  possession  of 
the  same,  and  such  other  lands  on  the  battlefield  as  the  United  States 
have  acquired,  or  shall  hereafter  acquire,  by  purchase  or  condemna- 
tion proceedings;  and  the  lands  aforesaid  shall  be  designated  and 
known  as  the  "  Gettysburg  National  Park."1 — Sec.  8,  id. 

39.  COMMISSIONERS,  COMPENSATION,  DUTIES. — The  Gettysburg  Na- 
tional Park  shall,  subject  to  the  supervision  and  direction  of  the 
Secretary  of  War,  be  in  charge  of  the  commissioners  heretofore 
appointed  by  the  Secretary  of  War  for  the  location  and  acquisition 
of  lands  at  Gettysburg,  and  their  successors;  the  said  commissioners 
shall  have  their  office  at  Gettysburg,  and  while  on  duty  shall  be 
paid  such  compensation  out  of  the  appropriation  provided  in  this 
act  as  the  Secretary  of  War  shall  deem  reasonable  and  just.    And  it 
shall  be  the  duty  of  the  said  commissioners,  under  the  direction  of 
the  Secretary  of  War,  to  superintend  the  opening  of  such  additional 
roads  as  may  be  necessary  for  the  purposes  of  the  park  and  for  the 
improvement  of  the  avenues  heretofore  laid  out  therein,  and  to 
properly  mark  the  boundaries  of  the  said  park,  and  to  ascertain  and 
definitely  mark  the  lines  of  battle  of  all  troops  engaged  in  the  Battle 
of  Gettysburg,  so  far  as  the  same  shall  fall  within  the  limits  of  the 
park.2 — Sec.  3,  id. 

40.  ACQUISITION  or  ADDITIONAL  LANDS.— The  Secretary  of  War  is 
hereby  authorized  and  directed  to  acquire,  at  such  times  and  in  such 
manner  as  he  may  deem  best  calculated  to  serve  the  public  interest, 
such  lands  in  the  vicinity  of  Gettysburg,  Pennsylvania,  not  exceed- 
ing in  area  the  parcels  shown  on  the  map  prepared  by  Major  General 
Daniel  E.  Sickles,  United  States  Army,  and  now  on  file  in  the  office 
of  the  Secretary  of  War,  which  were  occupied  by  the  infantry, 
cavalry,  and  artillery  on  the  first,  second,  and  third  days  of  July, 
eighteen  hundred  and  sixty-three,  and  such  other  adjacent  lands  as 
he  may   deem  necessary  to  preserve  the  important  topographical 
features  of  the  battlefield :  Provided,  That  nothing  contained  in  this 

1  Where  certain  land,  part  of  the  battle  field  of  Gettysburg,  was  in  danger  of  being 
so  cut  up  and  altered  by  the  construction  of  an  electric  railroad  as  to  cause  the  oblitera- 
tion of  important  tactical  positions  occupied  by  the  different  commands  engaged  in  the 
battle,  advised  that  the  Attorney  General  be  requested  to  have  initiated  the  proper  pro- 
ceedings for  the  condemnation  of  the  land  so  that  the  United  States  may  acquire  the  fee, 
and  for  an  injunction  restraining  the  railroad  company  from  constructing  or  operating 
its   road  upon  the   land   pending   the   condemnation   proceedings.      (Dig.   Opin.   J.   A.   G., 
91 3c.) 

2  Any  act  of  Congress  which  plainly  and  directly  tends  to  enhance  the  respect  and  love 
of   the   citizen   for   the   institutions   of   his   country   and   to   quicken   and   strengthen   his 
motives  to  defend  them,   and  which  is  germane  to  and  intimately   connected  with  and 
appropriate  to  the  exercise  of  some  one  or  all  of  the  powers  granted  by  Congress,  must  be 
valid,    and   the   proposed   use   in    this    case   comes   within    such    description.      (U.    S.    v. 
Gettysburg  Electric  Railway  Co.,  160  U.  S.,  668.) 


29 

act  shall  be  deemed  and  held  to  prejudice  the  rights  acquired  by 
any  State  or  by  any  military  organization  to  the  ground  on  which 
its  monuments  or  markers  are  placed,  nor  the  right  of  way  to  the 
same. — Sec.  h  id. 

41.  SAME,  CONDEMNATION. — For  the  purpose  of  acquiring  the  lands 
designated  and  described  in  the  foregoing  section  not  already  ac- 
quired and  owned  by  the  United  States,  and  such  other  adjacent 
land  as  may  be  deemed  necessary  by  the  Secretary  of  War  for  the 
preservation  and  marking  of  the  lines  of  battle  of  the  Union  and 
Confederate  Armies  at  Gettysburg,  the  Secretary  of  War  is  author- 
ized to  employ  the  services  of  the  commissioners  heretofore  appointed 
by  him  for  the  location,  who  shall  proceed,  in  conformity  with  his 
instructions  and  subject  in  all  things  to  his  approval,  to  acquire  such 
lands  by  purchase,  or  by  condemnation  proceedings,  to  be  taken  by 
the  Attorney  General  in  behalf  of  the  United  States,  in  any  case  in 
which  it  shall  be  ascertained  that  the  same  can  not  be  purchased  at 
prices  deemed  reasonable  and  just  by  the  said  commissioners  and 
approved  by  the  Secretary  of  War.    And  such  condemnation  pro- 
ceedings may  be  taken  pursuant  to  the  act  of  Congress  approved 
August  first,  eighteen  hundred  and  eighty-eight,  regulating  the  con- 
demnation of  land  for  public  uses,  or  the  joint  resolution  authoriz- 
ing the  purchase  or  condemnation  of  land  in  the  vicinity  of  Gettys- 
burg,  Pennsylvania,   approved  June  fifth,  eighteen  hundred   and 
ninety-four. — Sec.  5,  id. 

42.  DISBURSEMENTS  TO  BE  APPROVED  BY  THE  SECRETARY  OF  WAR  AND 
REPORTED  ANNUALLY  TO  CONGRESS. — To  enable  the  Secretary  of  War 
to  carry  out  the  purposes  of  this  act,  including  the  purchase  or  con- 
demnation of  the  land  described  in  sections  four  and  five  of  this  act, 
opening,  improving,   and  repairing  necessary  roads  and  avenues, 
providing  surveys  and  maps,     *     *     *     seventy-five  thousand  dol- 
lars, or  so  much  thereof  as  may  be  necessary,  is  hereby  appropriated, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated;  and 
all  disbursements  made  under  this  act  shall  require  the  approval  of 
the  Secretary  of  War,  who  shall  make  annual  report  of  the  same  to 
Congress. — Sec.  9,  id. 

43.  MARKING  POSITIONS   WITH   TABLETS,   OPENING  AND   IMPROVING 
AVENUES,  ETC. — For  the  purpose  of  preserving  the  lines  of  battle  at 
Gettysburg,  Pennsylvania,  and  for  properly  marking  with  tablets 
the  positions  occupied  by  the  various  commands  of  the  Armies  of  the 
Potomac  and  of  Northern  Virginia  on  that  field,  and  for  opening  and 
improving  avenues  along  the  positions  occupied  by  troops  upon  those 
lines,  and  for  fencing  the  same,  and  for  determining  the  leading 
tactical  positions  of  batteries,  regiments,  brigades,  divisions,  corps, 
and  other  organizations  with  reference  to  the  study  and  correct  un- 
derstanding of  the  battle,  and  to  mark  the  same  with  suitable  tablets, 


30 

each  bearing  a  brief  historical  legend,  compiled  without  praise  and 
without  censure,  the  sum  of  twenty-five  thousand  dollars,  to  be  ex- 
pended under  the  direction  of  the  Secretary  of  War.1—  Act  of  March 
3,  1893  (27  Stat.,  599)  . 

44.  SAME,  CONTINUATION  OF  WORK.  —  For  continuing  the  work  of 
surveying,  locating,  and  preserving  the  lines  of  battle  at  Gettysburg, 
Pennsylvania,  and  for  purchasing,  opening,  constructing,  and  im- 
proving avenues  along  the  portions  occupied  by  the  various  commands 
of  the  Armies  of  the  Potomac  and  Northern  Virginia  on  that  field, 
•and  for  fencing  the  same;  and  for  the  purchase,  at  private  sale  or  by 
condemnation,  of  such  parcels  of  land  as  the  Secretary  of  War  may 
deem  necessary  for  the  sites  of  tablets,  and  for  the  construction  of 
the  said  avenues  ;  for  determining  the  leading  tactical  positions  and 
properly  marking  the   same  with  tablets   of  batteries,   regiments, 
brigades,  divisions,  corps,  and  other  organizations  with  reference  to 
the  study  and  correct  understanding  of  the  battle,  each  tablet  bear- 
ing a  brief  historical  legend,  compiled  without  praise  and  without 
censure  ;  fifty  thousand  dollars,  to  be  expended  under  the  direction  of 
the  Secretary  of  War.2—  Act  of  August  18,  1894  ($9  Stat.,  405). 

45.  IMPROVEMENT  AND  MAINTENANCE  OF  PUBLIC  ROADS.  —  The  Sec- 
retary of  War  is  hereby  authorized  in  his  discretion  to  improve  and 
maintain  the  public  roads  within  the  limits  of  the  national  park  at 
Gettysburg,  Pennsylvania,  over  which  jurisdiction  has  been  or  may 
hereafter  be  ceded  to  the  United  States:  Provided,  That  nothing 
contained  in  this  act  shall  be  deemed  and  held  to  prejudice  the 
rights  acquired  by  any  State  or  by  any  military  organization  to  the 
ground  on  which  its  monuments  or  markers  are  placed  nor  the  right 
of  way  to  the  same.—  Act  of  June  10,  1896  (29  Stat.,  384). 

46.  SPECIMENS  OF  ARMS,  UNIFORMS,  ETC.,  USED  IN  BATTLE  TO  BE 
PRESERVED  FOR  HISTORICAL  PURPOSES  IN  MUSEUM  ON  FIELD.  -  The 


1  This  statute  was  held  to  be  constitutional  and  within  the  power  of  Congress  by  the 
decision  of  the  Supreme  Court  of  the  United  States  in  the  case  of  the  United  States  v. 
The  Gettysburg  Electric  Railway  Co.   (160  U.  S.,  668).     But  see  U.  S.  v.-  Tract  of  Land, 
etc.   (70  Fed.  Rep.,  940). 

2  The  appropriations  for  the  Gettysburg  National  Park,  made  in  the  acts  of  Aug.  18, 
1894,  and  Feb.  11,  1895,  to  the  extent  that  they  provide  for  objects  common  to  both,  are 
cumulative,   while  each  is  available  for  certain  objects  not  provided  for  in  the  other. 
(2  Compt.  Dec.,  59.) 

The  act  of  June  9,  1880  (21  Stat,  170),  contained  the  following  provision:  "That  the 
sum  of  fifty  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated, out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  to  complete  the 
survey  of  the  Gettysburg  battle  field  ;  also,  to  provide  for  the  compilation  of  all  available 
data  used  in  locating  troops  on  the  engineer  maps  of  that  battle  ;  also,  to  provide 
diagrams  showing  the  changing  movements  and  positions  during  the  engagement  ;  the 
whole  to  be  done  by  or  under  the  direction  of  Mr.  John  B.  Bachelder,  author  of  the  posi- 
tion plates  of  the  Government  maps  of  that  battle,  under  the  direction  of  the  Secretary 
of  War  :  Provided,  That  no  part  of  said  sum  shall  be  disbursed  by  the  Secretary  of  War 
except  for  work  actually  performed  or  for  materials  furnished  for  the  objects  heretofore 
named  ;  and  that  all  the  maps,  data,  and  materials  prepared  for,  or  used  for,  the  work 
contemplated  by  this  act  shall  be  the  property  of  the  Government,  to  be  deposited  in  the 
Department  of  War  :  And  provided  further,  That  the  sum  hereby  appropriated  shall  be  in 
full  satisfaction  for  all  work  done  and  all  material  collected  by  the  said  John  B. 
Bachelder." 


31 

retary  of  War  is  hereby  authorized  and  directed  to  deliver  to  the 
Gettysburg  Battlefield  Memorial  Association,  at  Gettysburg,  Penn- 
sylvania, specimens  of  the  arms,  equipments,  projectiles,  uniforms, 
and  other  material  of  war  used  by  the  armies  in  that  battle  (so  far 
as  may  be  practicable),  for  the  purpose  of  exhibiting  and  preserv- 
ing them  for  historical  purposes  in  the  museum  at  the  house  used 
by  Major  General  Meade  for  headquarters,  now  owned  by  the  said 
association,  or  at  such  other  place  as  the  directors  of  the  association 
may  deem  proper.  And  that  the  transportation  to  Gettysburg  be 
furnished  by  the  Quartermaster's  Department  of  the  United  States 
from  the  appropriation  for  the  transportation  of  Army  supplies. — 
Act  of  July  27, 1892  (27  Stat.,  276). 

47.  LEASES. — The  Secretary  of  War  may  lease  the  lands  of  the 
park,  at  his  discretion,  either  to  former  owners  or  other  persons,  for 
agricultural  purposes,  the  proceeds  to  be  applied  by  the  Secretary  of 
War,  through  the  proper  disbursing  officer,  to  the  maintenance  of 
the  park.1— Act  of  June  4, 1897  (30  Stat.,  44). 

48.  ERECTION  OF  TABLET  TO  CONTAIN  PRESIDENT  LINCOLN'S  GETTYS- 
BURG ADDRESS. — The  Secretary  of  War  is  hereby  authorized  and  di- 
rected to  cause  to  be  made  a  suitable  bronze  tablet,  containing  on  it 
the  address  delivered  by  Abraham  Lincoln,  President  of  the  United 
States,  at  Gettysburg,  on  the  nineteenth  day  of  November,  eighteen 
hundred  and  sixty-three,  on  the  occasion  of  the  dedication  of  the 
national  cemetery  at  that  place,  and  such  tablet,  having  on  it  be- 
sides the  address  a  medallion  likeness  of  President  Lincoln,  shall 
be  erected  on  the  most  suitable  site  within  the  limits  of  said  park, 
which  said  address  was  in  the  following  words,  to  wit : 

"  Four  score  and  seven  years  ago  our  fathers  brought  forth 
on  this  continent  a  new  nation,  conceived  in  liberty  and  dedi- 
cated to  the  proposition  that  all  men  are  created  equal. 

"  Now  we  are  engaged  in  a  great  civil  war,  testing  whether 
that  nation,  or  any  nation  so  conceived  and  so  dedicated,  can 
long  endure.  We  are  met  on  a  great  battlefield  of  that  war. 
We  have  come  to  dedicate  a  portion  of  that  field  as  a  final 
resting  place  for  those  who  here  gave  their  lives  that  that 
nation  might  live.  It  is  altogether  fitting  and  proper  that 
we  should  do  this. 

"  But,  in  a  larger  sense,  we  can  not  dedicate,  we  can  not  con- 
secrate, we  can  not  hallow  this  ground.  The  brave  men,  liv- 
ing and  dead,  who  struggled  here  have  consecrated  it  far 
above  our  poor  power  to  add  or  detract.  The  world  will 

1  The  requirement  of  the  act  of  June  4,  1897,  which  authorizes  the  Secretary  of  War  to 
lease  the  lands  of  the  Gettysburg  National  Military  Park  for  agricultural  purposes  that 
"  the  proceeds  are  to  be  applied  *  *  *  to  the  maintenance  of  the  park,"  relates  only 
to  the  proceeds  of  leases  so  made,  and  not  to  other  proceeds  of  the  lands.  (4  Comp. 
Dec.,  343.) 


32 

little  note,  nor  long  remember,  what  we  say  here;  but  it  can 
never  forget  what  they  did  here.     It  is  for  us,  the  living, 
rather  to  be  dedicated  here  to  the  unfinished  work  which  they 
who  fought  here  have  thus  far  so  nobly  advanced.     It  is 
rather  for  us  to  be  here  dedicated  to  the  great  task  remaining 
before  us ;  that  from  these  honored  dead  we  take  increased  de- 
votion to  that  cause  for  which  they  gave  the  last  full  measure 
of  devotion ;  that  we  here  highly  resolve  that  these  dead  shall 
not  have  died  in  vain ;  that  this  nation,  under  God,  shall  have 
a  new  birth  of  freedom,  and  that  government  of  the  people, 
by  the  people,  for  the  people,  shall  not  perish  from  the  earth." 
And  the  sum  of  five  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  to  pay  the  cost  of  said  tablet  and  medal- 
lion and  pedestal.— See.  8,  act  of  February  11, 1895  (28  Stat.,  651}. 

49.  DESTRUCTION  or  OR  INJURY  TO  MONUMENTS,  FENCES,  TREES,  ETC., 
AND  HUNTING  WITHIN  THE  PARK. — If  imy  person  shall  destroy,  muti- 
late, deface,  injure,  or  remove,  except  by  permission  of  the  Secretary 
of  War,  any  column,  statue,  memorial  structure,  or  work  of  art  that 
shall  be  erected  or  placed  upon  the  grounds  of  the  park  by  lawful 
authority,  or  shall  destroy  or  remove  any  fence,  railing,  inclosure, 
or  other  work  for  the  protection  or  ornament  of  said  park  or  any 
portion  thereof,  or  shall  destroy,  cut,  hack,  bark,  break  down,  or 
otherwise  injure  any  tree,  bush,  or  shrubbery  that  may  be  growing 
upon  said  park,  or  shall  cut  down  or  fell  or  remove  any  timber, 
battle  relic,  tree  or  trees,  growing  or  being  upon  said  park,  or  hunt 
within  the  limits  of  the  park,  or  shall  remove  or  destroy  any  breast- 
works, earthworks,  walls,  or  other  defenses  or  shelter  or  any  part 
thereof  constructed  by  the  armies  formerly  engaged  in  the  battles 
on  the  land  or  approaches  to  the  park,  or  shall  violate  any  regula- 
tion made  and  published  by  the  Secretary  of  War  for  the  government 
of  visitors  within  the  limits  of  said  park,  any  person  so  offending 
and  found  guilty  thereof,  before  any  justice  of  the  peace  of  the 
county  in  which  the  offense  may  be  committed,  shall,  for  each  and 
every  such  offense,  forfeit  and  pay  a  fine,  in  the  discretion  of  the 
justice,  according  to  the  aggravation  of  the  offense,  of  not  less  than 
five  nor  more  than  five  hundred  dollars,  one-half  for  the  use  of  the 
park  and  the  other  half  to  the  informer,  to  be  enforced  and  recov- 
ered before  such  justice  in  like  manner  as  debts  of  like  nature  are 
now  by  law  recoverable  in  the  county  where  the  offense  may  be  com- 
mitted.1—/^. 7,  act  of  February  11,  1895  (28  Stat.,  651}. 

50.  REGULATIONS. — It  shall  be  the  duty  of  the  Secretary  of  War  to 
establish  and  enforce  proper  regulations  for  the  custody,  preserva- 

1  For  general  statutes  imposing  penalties  for  offenses  committed  in  national  military 
parks,  see  act  of  Mar.  3,  1897  (29  Stat.,  621),  pars.  4  to  11,  ante. 


tion,  and  care  of  the  monuments  now  erected  or  which  may  be  here- 
after erected  within  the  limits  of  the  said  national  military  park; 
and  such  rules  shall  provide  for  convenient  access  by  visitors  to  all 
such  monuments  within  the  park,  and  the  ground  included  therein, 
on  such  days  and  within  such  hours  as  may  be  designated  and  author- 
ized by  the  Secretary  of  War. — Sec.  6,  act  of  February  11,  1895  (28 
Stat.,  651). 

SHILOH   NATIONAL   MILITARY  PARK. 

51.  EXTENT,  DESIGNATION. — In  order  that  the  armies  of  the  South- 
west which  served  in  the  Civil  War,  like  their  comrades  of  the  East- 
ern armies  at  Gettysburg  and  those  of  the  Central  West  at  Chicka- 
mauga,  may  have  the  history  of  one  of  their  memorable  battles  pre- 
served on  the  ground  where  they  fought,  the  battlefield  of  Shiloh,  in 
the  State  of  Tennessee,  is  hereby  declared  to  be  a  national  military 
park,  whenever  title  to  the  same  shall  have  been  acquired  by  the 
United  States  and  the  usual  jurisdiction  over  the  lands  and  roads 
of  the  same  shall  have  been  granted  to  the  United  States  by  the 
State  of  Tennessee ;  that  is  to  say,  the  area  inclosed  by  the  following 
lines,  or  so  much  thereof  as  the  commissioners  of  the  park  may  deem 
necessary,  to  wit:  Beginning  at  low-water  mark  on  the  north  bank 
of  Snake  Creek  where  it  empties  into  the  Tennessee  River;  thence 
westwardly  in  a  straight  line  to  the  point  where  the  river  road  to 
Crumps  Landing,  Tennessee,  crosses  Snake  Creek;  thence  along  the 
channel  of  Snake  Creek  to  Owl  Creek;  thence  along  the  channel  of 
Owl  Creek  to  the  crossing  of  the  road  to  Purdy,  Tennessee;  thence 
southwardly  in  a  straight  line  to  the  intersection  of  an  east  and  west 
line  drawn  from  the  point  where  the  road  to  Hamburg,  Tennessee, 
crosses  Lick  Creek,  near  the  mouth  of  the  latter;  thence  eastward 
along  the  said  east  and  west  line  to  the  point  where  the  Hamburg 
road  crosses  Lick  Creek ;  thence  along  the  channel  of  Lick  Creek  to 
the  Tennessee  River;  thence  along  low-water  mark  of  the  Tennessee 
River  to  the  point  of  beginning,  containing  three  thousand  acres, 
more  or  less,  and  the  area  thus  inclosed  shall  be  known  as  the  Shiloh 
National  Military  Park:  Provided,  That  the  boundaries  of  the  land 
authorized  to  be  acquired  may  be  changed  by  the  said  commis- 
sioners.—Sec.  1,  act  of  December  27, 1894  (%$  Stat.,  597). 

52.  ACQUISITION  OF  LANDS. — The  establishment  of  the  Shiloh  Na- 
tional Military  Park  shall  be  carried  forward  under  the  control  and 
direction  of  the  Secretary  of  War,  who,  upon  the  passage  of  this 
act,  shall  proceed  to  acquire  title  to  the  same  either  under  the  act 
approved  August  first,  eighteen  hundred  and  eighty-eight,  entitled 
"An  act  to  authorize  the  condemnation  of  land  for  sites  of  public 
buildings,  and  for  other  purposes,"  or  under  the  act  approved  Feb- 
ruary twenty-seventh,  eighteen  hundred   and  sixty-seven,  entitled 


34 

"An  act  to  establish  and  protect  national  cemeteries,"  as  he  may 
select,  and  as  title  is  procured  to  any  portion  of  the  lands  and  roads 
within  the  legal  boundaries  of  the  park  he  may  proceed  with  the 
establishment  of  the  park  upon  such  portions  as  may  thus  be 
acquired. — Sec.  2,  id. 

53.  COMMISSIONERS,  APPOINTMENT,  COMPENSATION. — The  affairs  of 
the  Shiloh  National  Military  Park  shall,  subject  to  the  supervision 
and  direction  of  the  Secretary  of  War,  be  in  charge  of  three  com- 
missioners, to  be  appointed  by  the  Secretary  of  War,  each  of  whom 
shall  have  served  at  the  time  of  the  battle  in  one  of  the  armies  en- 
gaged therein,  one  of  whom  shall  have  served  in  the  Army  of  the 
Tennessee,  commanded  by  General  IT.  S.  Grant,  who  shall  be  chair- 
man of  the  commission;  one  in  the  Army  of  the  Ohio,  commanded 
by  General  D.  C.  Buell;  and  one  in  the  Army  of  the  Mississippi, 
commanded  by  General  A.  S.  Johnston.     The  said  commissioners 
shall  have  an  office  in  the  War  Department  Building,  and  while  on 
actual  duty  shall  be  paid  such  compensation  out  of  the  appropria- 
tions provided  by  this  act  as  the  Secretary  of  War  shall  deem  reason- 
able and  just ;  and,  for  the  purpose  of  assisting  them  in  their  duties 
and  in  ascertaining  the  lines  of  battle  of  all  troops  engaged  and  the 
history  of  their  movements  in  the  battle,  the  Secretary  of  War  shall 
have  authority  to  employ,  at  such  compensation  as  he  may  deem 
reasonable,  to  be  paid  out  of  the  appropriations  made  by  this  act, 
some  person  recognized  as  well  informed  concerning  the  history  of 
the  several  armies  engaged  at  Shiloh,  and  who  shall  also  act  as  sec- 
retary of  the  commission. — Sec.  4,  id- 

54.  SAME,  DUTIES. — It  shall  be  the  duty  of  the  commission  named 
in  the  preceding  section,  under  the  direction  of  the  Secretary  of  War, 
to  open  or  repair  such  roads  as  may  be  necessary  to  the  purposes  of 
the  park,  and  to  ascertain  and  mark  with  historical  tablets  or  other- 
wise, as  the  Secretary  of  War  may  determine,  all  lines  of  battle  of 
the  troops  engaged  in  the  Battle  of  Shiloh  and  other  historical  points 
of  interest  pertaining  to  the  battle  within  the  park  or  its  vicinity, 
and  the  said  commission  in  establishing  this  military  park  shall  also 
have  authority,  under  the  direction  of  the  Secretary  of  War,  to  em- 
ploy such  labor  and  services  and  to  obtain  such  supplies  and  material 
as  may  be  necessary  to  the  establishment  of  the  said  park  under  such 
regulations  as  he  may  consider  best  for  the  interest  of  the  Govern- 
ment, and  the  Secretary  of  War  shall  make  and  enforce  all  needed 
regulations  for  the  care  of  the  park. — Sec.  5,  id. 

55.  SAME,  LOCATION  OF  OFFICE;  LIMITATION  UPON  COST  OF  LANDS. — 
The  commissioners  appointed  under  the  act  of  Congress  approved 
December  twenty-seventh,  eighteen  hundred  and  ninety-four,  to  have 
charge,  under  the  Secretary  of  War,  of  the  affairs  of  the  Shiloh  Na- 
tional Military  Park,  shall  have  their  office  at  Pittsburg  Landing, 


35 

Tennessee,  or  at  such  other  point  convenient  to  the  battlefield  of 
Shiloh,  Tennessee,  as  the  Secretary  of  War  may  direct;  and  the 
limit  of  cost  of  all  the  lands  to  be  embraced  in  the  said  park  is  hereby 
fixed  at  not  to  exceed  fifty  thousand  dollars.1  —  Act  of  March  2,  1895 
(28  Stat.,  945). 

56.  STATES  AUTHORIZED  TO  MARK  LINES  or  BATTLE  BY  MONUMENTS, 
TABLETS,  ETC.  —  It  shall  be  lawful  for  any  State  that  had  troops  en- 
gaged in  the  battle  of  Shiloh  to  enter  upon  the  lands  of  the  Shiloh 
National  Military  Park  for  the  purpose  of  ascertaining  and  marking 
the  lines  of  battle  of  its  troops  engaged  therein  :  Provided,  That  be- 
fore any  such  lines  are  permanently  designated  the  position  of  the 
lines  and  the  proposed  methods  of  marking  them  by  monuments,  tab- 
lets, or  otherwise  shall  be  submitted  to  and  approved  by  the  Secre- 
tary of  War,  and  all  such  lines,  designs,  and  inscriptions  for  the 
same  shall  receive  the  written  approval  of  the  Secretary,  which  ap- 
proval shall  be  based  upon  formal  written  reports,  which  must  be 
made  to  him  in  each  case  by  the  commissioners  of  the  park  :  Provided, 
That  no  discrimination  shall  be  made  against  any  State  as  to  the 
manner  of  designating  lines,  but  any  grant  made  to  any  State  by  the 
Secretary  of  War  may  be  used  by  any  other  State.  —  Sec.  6,  act  of 
December  87,  1894  (88  Stat.,  597). 

57.  LEASES.  —  The  Secretary  of  War  is  hereby  authorized  to  enter 
into  agreements  whereby  he  may  lease,  upon  such  terms  as  he  may 
prescribe,  with  such  present  owners  or  tenants  of  the  lands  as  may 
desire  to  remain  upon  it,  to  occupy  and  cultivate  their  present  hold- 
ings upon  condition  that  they  will  preserve  the  present  buildings 
and  roads  and  the  present  outlines  of  field  and  forest,  and  that  they 
only  will  cut  trees  or  underbrush  under  such  regulations  as  the  Sec- 
retary may  prescribe,  and  that  they  will  assist  in  caring  for  and  pro- 
tecting all  tablets,  monuments,  or  such  other  artificial  works  as  may 
from  time  to  time  be  erected  by  proper  authority.  —  Sec.  3,  id. 

58.  DESTRUCTION  OF  OR  INJURY  TO  MONUMENTS,  FENCES,  TREES,  ETC.  — 
If  any  person  shall,  except  by  permission  of  the  Secretary  of  War, 
destroy,  mutilate,  deface,  injure,  or  remove  any  monument,  column, 
statues,  memorial  structures,  or  work  of  art  that  shall  be  erected  or 
placed  upon  the  grounds  of  the  park  by  lawful  authority,  or  shall 
destroy  or  remove  any  fence,  railing,  inclosure,  or  other  work  for 
the  protection  or  ornament  of  said  park,  or  any  portion  thereof,  or 
shall  destoy,  cut,  hack,  bark,  break  down,  or  otherwise  injure  any 
tree,  bush,  or  shrubbery  that  may  be  growing  upon  said  park,  or 
shall  cut  down  or  fell  or  remove  any  timber,  battle  relic,  tree  or  trees 
growing  or  being  upon  said  park,  or  hunt  within  the  limits  of  the 
park,  or  shall  remove  or  destroy  any  breastworks,  earthworks,  walls, 


act  of  June  4,  1897  (30  Stat.,  43),  contained  the  requirement  that  "the  limit  of 
cost  of  all  the  lands  to  be  embraced  in  the  said  park  is  hereby  increased  to  not  to  exceed 
fifty  thousand  dollars." 


36 

or  other  defenses  or  shelter  or  any  part  thereof  constructed  by  the 
armies  formerly  engaged  in  the  battles  on  the  lands  or  approaches 
to  the  park,  any  person  so  offending  and  found  guilty  thereof,  before 
any  justice  of  the  peace  of  the  county  in  which  the  offense  may  be 
committed,  or  any  court  of  competent  jurisdiction,  shall  for  each  and 
every  such  offense  forfeit  and  pay  a  fine,  in  the  discretion  of  the 
justice,  according  to  the  aggravation  of  the  offense,  of  not  less  than 
five  nor  more  than  fifty  dollars,  one  half  for  the  use  of  the  park  and 
the  other  half  to  the  informer,  to  be  enforced  and  recovered  before 
such  justice  in  like  manner  as  debts  of  like  nature  are  now  by  law 
recoverable  in  the  several  counties  where  the  offense  may  be  com- 
mitted.1— Sec.  7,  id. 

59.  DISBURSEMENTS  TO  BE  APPROVED  BY  THE  SECRETARY  OF  WAR  AND 
REPORTED  ANNUALLY  TO  CONGRESS. — To  enable  the  Secretary  of  War 
to  begin  to  carry  out  the  purpose  of  this  act,  including  the  con- 
demnation or  purchase  of  the  necessary  land,  marking  the  bound- 
aries of  the  park,  opening  or  repairing  necessary  roads,  restoring 
the  field  to  its  condition  at  the  time  of  the  battle,  maps  and  surveys, 
and  the  pay  and  expenses  of  the  commissioners  and  their  assistant, 
the  sum  of  seventy-five  thousand  dollars,  or  such  portion  thereof  as 
may  be  necessary,  is  hereby  appropriated,  out  of  any  moneys  in  the 
Treasury  not  otherwise  appropriated;  and  disbursements  under  this 
act  shall  require  the  approval  of  the  Secretary  of  War,  and  he  shall 
make  annual  report  of  the  same  to  Congress. — Sec.  #,  id. 

60.  CONDEMNED  CANNON,  CANNON  BALLS,  ETC. — The  Secretary  of 
War  and  the  Secretary  of  the  Navy  are  hereby  authorized  to  deliver 
to  the  Commissioners  of  the  Shiloh  National  Military  Park,  at  the 
park,  upon  the  requisition  of  said  commissioners,  such  condemned 
cannon,  cannon  balls,  and  shells  as  may  be  needed  for  the  purposes 
of  the  park.— Act  of  June  11, 1896  (29  Stat.,  44%). 

61.  SAME. — The  Secretary  of  War  and  the  Secretary  of  the  Navy 
are  hereby  authorized  to  deliver  to  the  Commissioners  of  the  Shiloh 
National  Military  Park,  at  the  park,  upon  the  requisition  of  the 
commissioners,  such  condemned  cannon,  cannon  balls,  and  shells  as 
may  be  needed  for  the  purposes  of  the  park. — Act  of  February  26 ', 
1898  (29  Stat.,  44®)- 

VICKSBURG   NATIONAL  MILITARY   PARK. 

62.  ESTABLISHMENT,  EXTENT. — In  order  to  commemorate  the  cam- 
paign and  siege  and  defense  of  Vicksburg,  and  to  preserve  the  his- 
tory of  the  battles  and  operations  of  the  siege  and  defense  on  the 
ground  where  they  were  fought  and  were  carried  on,  the  battlefield 
of  Vicksburg,  in  the  State  of  Mississippi,  is  hereby  declared  to  be 
a  national  military  park  whenever  the  title  to  the  same  shall  have 

1  For  general  statutes  in  respect  to  offenses  in  national  military  parks,  see  the  act  of 
Mar.  3,  1897  (39  Stat.,  621),  pars.  4  to  11,  ante. 


37 

been  acquired  by  the  United  States  and  the  usual  jurisdiction  over 
the  lands  and  roads  of  the  same  shall  have  been  granted  to  the 
United  States  by  the  State  of  Mississippi;  that  is  to  say,  the  area 
inclosed  by  the  following  lines,  or  so  much  thereof  as  the  commis- 
sioners of  the  park  may  deem  necessary,  to  wit :  Beginning  near  the 
point  where  the  graveyard  road,  now  know  as  the  City  Cemetery 
road,  crosses  the  line  of  the  Confederate  earthworks;  thence  north 
about  eighty  rods ;  thence  in  an  easterly  direction  about  one  hundred 
and  twenty  rods;  thence  in  a  southerly  direction,  and  keeping  as 
far  from  the  line  of  the  Confederate  earthworks  as  the  purposes 
of  the  park  may  require  and  as  the  park  commission,  to  be  herein- 
after named,  may  determine,  but  not  distant  from  the  nearest  point 
on  said  line  of  Confederate  earthworks  more  than  one  hundred  and 
sixty  rods  at  any  part,  to  a  point  about  forty  rods  south  and  from 
eighty  to  one  hundred  and  sixty  rods  east  of  Fort  Garrott,  also 
known  as  the  "  Square  Fort " ;  thence  in  a  westerly  direction  to 
a  point  in  the  rear  of  said  Fort  Garrott ;  thence  in  a  northerly  direc- 
tion across  the  line  of  the  Confederate  earthworks  and  to  a  point 
about  two  hundred  feet  in  the  rear  of  the  said  line  of  Confederate 
earthworks;  thence  in  a  general  northerly  direction,  and  at  an 
approximate  distance  of  about  two  hundred  feet  in  the  rear  of  the 
line  of  Confederate  earthworks  as  the  conformation  of  the  ground 
may  require,  to  the  place  of  beginning.  This  to  constitute  the  main 
body  of  the  park.  In  addition  thereto  alstrip  of  land  about  two 
hundred  and  sixty- four  feet  in  width,  along  and  including  the 
remaining  parts  of  the  Confederate  earthworks,  namely,  from  the 
north  part  of  said  main  body  of  the  park  to  and  including  Fort  Hill 
or  Fort  Nogales  on  the  high  hill  overlooking  the  national  cemetery, 
and  from  the  south  part  of  said  main  body  of  the  park  to  the  edge 
of  the  bluff  at  the  river  below  the  city  of  Vicksburg;  and  also  in 
addition  thereto  a  strip  of  land  about  two  hundred  and  sixty-four 
feet  in  width,  as  near  as  may  be,  along  and  including  the  Federal 
lines  opposed  to  the  Confederate  lines  herein  and  above  named  and 
not  included  in  the  main  body  of  the  park;  and  in  further  addition 
thereto  such  points  of  interest  as  the  commission  may  deem  neces- 
sary for  the  purposes  of  the  park  and  the  Secretary  of  War  may 
approve;  the  whole  containing  about  one  thousand  two  hundred 
acres,  and  costing  not  to  exceed  forty  thousand  dollars.1 — Act  of  Feb- 
ruary 21, 1899  (30  Stat.,  841). 

JThe  act  of  February  9,  1900  (31  Stat.,  12),  contains  the  requirement  that  "the  sum 
of  five  thousand  dollars,  or  so  much  of  said  amount  as  may  be  necessary,  may  be 
expended,  with  the  approval  of  the  Secretary  of  War,  in  addition  to  the  amount  author- 
ized by  section  one  of  the  act  approved  February  twenty-first,  eighteen  hundred  and 
ninety-nine,  in  the  purchase  of  lands  to  be  used  as  a  part  of  the  site  of  said  park."  This 
clause  operates  to  increase  the  limit  of  expenditure  for  land  from  $40,000  to  $45,000. 
By  the  act  of  June  6,  1900  (31  id.  625),  the  additional  amount  of  $6,000  was  appropriated 
for  the  purchase  of  lands. 


38 

63.  ACQUISITION  OF  LANDS. — The  establishment  of  the  Vicksburg 
National  Military  Park  shall  be  carried  forward  under  the  control 
and  direction  of  the  Secretary  of  War;  and  the  Secretary  of  War 
shall,  upon  the  passage  of  this  act,  proceed  to  acquire  title  to  the 
same  by  voluntary  conveyance  or  under  the  act  approved  August 
first,  eighteen  hundred  and  eighty-eight,  entitled  "An  act  to  author- 
ize the  condemnation  of  land  for  sites  of  public  buildings,  and  for 
other  purposes,"  or  under  act  approved  February  twenty-second, 
eighteen  hundred  and  sixty-seven,  entitled  "An  act  to  establish  and 
protect  national  cemeteries,"  as  he  may  elect  or  deem  practicable; 
and  when  title  is  procured  to  all  of  the  lands  and  roads  within  the 
boundaries  of  the  proposed  park,  as  described  in  section  one  of  this 
act,  he  may  proceed  with  the  establishment  of  the  park,  and  he  shall 
detail  an  officer  of  the  Engineer  Corps  of  the  Army  to  assist  the 
commissioners  in  establishing  the  park. — Sec.  #,  id. 

64.  LEASES. — The  Secretary  of  War  is  hereby  authorized  to  enter 
into  agreements  of  leasing,  upon  such  terms  as  he  may  prescribe, 
with  such  occupants  or  tenants  of  the  lands  as  may  desire  to  remain 
upon  it,  to  occupy  and  cultivate  their  present  holdings  upon  condi- 
tion that  they  will  preserve  the  present  buildings  and  roads  and  the 
present  outlines  of  field  and  forest,  and  that  they  will  only  cut  trees 
or  underbrush  under  such  regulations  as  the  Secretary  of  War  may 
prescribe,  and  that  they  will  assist  in  caring  for  and  protecting  all 
tablets,  monuments,  or  such  other  artificial  works  as  may  from  time 
to  time  be  erected  by  proper  authority :  Provided,  That  the  United 
States  shall  at  all  times  have  and  retain  full  right,  power,  and 
authority  to  take  possession  of  any  and  all  parts  or  portions  of  said 
premises  and  to  remove  and  expel  therefrom  any  such  occupant, 
tenant,  or  other  person  or  persons  found  thereon  whenever  the  Sec- 
retary of  War  or  the  commissioners  shall  deem  it  proper  or  neces- 
sary; and  such  right,  power,  and  authority  shall  be  reserved  in  ex- 
press terms  in  all  leases  and  agreements  giving  or  granting  such 
occupant  or  tenant  the  right  to  remain  in  possession  as  herein  con- 
templated; and  thereupon  said  occupant  or  tenant  or  other  persons 
who  may  be  required  to  vacate  said  premises  shall  each  and  all  at 
once  surrender  and  deliver  up  the  possession  thereof. — Sec.  3,  id. 

65.  COMMISSIONERS,  APPOINTMENT,  COMPENSATION. — The  affairs  of 
the  Yicksburg  National  Military  Park  shall,  subject  to  the  supervi- 
sion and  direction  of  the  Secretary  of  War,  be  in  charge  of  three 
commissioners,  to  be  appointed  by  the  Secretary  of  War,  each  of 
whom  shall  have  served  at  the  time  of  the  siege  and  defense  in  one 
of  the  armies  engaged  therein,  two  of  whom  shall  .have  served  in  the 
Army  commanded  by  General  Grant  and  one  in  the  Army  com- 
manded by  General  Pemberton.    The  commissioners  shall  elect  one 


39 

of  their  number  chairman;  they  shall  also  elect,  subject  to  the  ap- 
proval of  the  Secretary  of  War,  a  secretary,  who  shall  also  be  his- 
torian, and  who  shall  possess  the  requisite  qualifications  of  a  com- 
missioner, and  they  and  the  secretary  shall  have  an  office  in  the  city 
of  Vicksburg,  Mississippi,  or  on  the  grounds  of  the  park,  and  be 
paid  such  compensation  as  the  Secretary  of  War  shall  deem  reason- 
able and  just. — Sec.  4?  id. 

66.  SAME,   DUTIES. — It  shall   be  the   duty   of  the  commissioners 
named  in  the  preceding  section,  under  the  direction  of  the  Secretary 
of  War,  to  restore  the  forts  and  the  lines  of  fortification,  the  paral- 
lels and  the  approaches  of  the  two  armies,  or  so  much  thereof  as  may 
be  necessary  to  the  purposes  of  this  park ;  to  open  and  construct  and 
to  repair  such  roads  as  may  be  necessary  to  said  purposes,  and  to 
ascertain  and  mark  with  historical  tablets,  or  otherwise,  as  the  Sec- 
retary of  War  may  determine,  the  lines  of  battle  of  the  troops  en- 
gaged in  the  assaults,  and  the  lines  held  by  the  troops  during  the 
siege  and  defense  of  Vicksburg,  the  headquarters  of  General  Grant 
and  of  General  Pemberton,  and  other  historical  points  of  interest  per- 
taining to  the  siege  and  defense  of  Vicksburg  within  the  park  or  its 
vicinity;  and  the  said  commissioners  in  establishing  this  military 
park  shall  also  have  authority  under  the  direction  of  the  Secretary  of 
War  to  do  all  things  necessary  to  the  purposes  of  the  park,  and  for 
its  establishment  under  such  regulations  as  he  may  consider  best  for 
the  interest  of  the  Government,  and  the  Secretary  of  War  shall  make 
and  enforce  all  needful  regulations  for  the  care  of  the  park.1 — Sec. 
6,  id. 

67.  STATES  AUTHORIZED  TO  MARK  LINES  or  BATTLE  BY  MONUMENTS, 
TABLETS,  ETC. — It  shall  be  lawful  for  any  State  that  had  troops  en- 
gaged in  the  siege  and  defense  of  Vicksburg  to  enter  upon  the  lands 
of  the  Vicksburg  National  Military  Park  for  the  purpose  of  ascer- 
taining and  marking  the  lines  of  battle  of  its  troops  engaged  therein : 
Provided,  That  before  any  such  lines  are  permanently  designated  the 
position  of  the  lines  and  the  proposed  methods  of  marking  them  by 
monuments,  tablets,  or  otherwise  shall  be  submitted  to  and  approved 
by  the  Secretary  of  War,  and  all  such  lines,  designs,  and  inscriptions 
for  the  same  shall  first  receive  the  written  approval  of  the  Secretary 
of  War,  which  approval  shall  be  based  upon  formal  written  reports 
which  must  be  made  to  him  in  each  case  by  the  commissioners  of  the 
park ;  and  no  monument,  tablet,  or  other  designating  indication  shall 

1  The  employment  of  persons  to  aid  the  Vicksburg  Military  Park  Commission  in  pre- 
paring abstracts  of  title  to  and  conveyances  of  lands  to  be  purchased  for  park  purposes 
is  not  the  employment  of  "  attorneys  or  counsel,"  within  the  meaning  of  section  189, 
Revised  Statutes,  which  provides  that  "  no  head  of  a  department  shall  employ  attorneys 
or  counsel."  The  employment  of  such  persons  is  authorized,  and  compensation  for  such 
services  may  be  made  from  the  appropriation  made  in  section  8  of  the  act  of  February 
21,  1899  (30  Stat.,  841;  6  Comp.  Dec.,  133). 


40 

be  erected  or  placed  within  said  park  or  vicinity  without  such  writ- 
ten authority  of  the  Secretary  of  War:  Provided,  That  no  discrimi- 
nation shall  be  made  against  any  State  as  to  the  manner  of  designat- 
ing lines,  but  any  grant  made  to  any  State  by  the  Secretary  of  War 
may  be  used  by  any  other  State.  The  provisions  of  this  section  shall 
also  apply  to  organizations  and  persons;  and  as  the  Vicksburg  Na- 
tional Cemetery  is  on  ground  partly  occupied  by  Federal  lines  dur- 
ing the  siege  of  Vicksburg,  the  provisions  of  this  section,  as  far  as 
may  be  practicable,  shall  apply  to  monuments  or  tablets  designating 
such  lines  within  the  limits  of  that  cemetery. — Sec.  6,  id. 

68.  DESTRUCTION  or  OR  INJURY  TO  MONUMENTS,  FENCES,  TREES,  ETC., 
HUNTING  WITHIN  THE  PARK. — If  any  person  shall,  except  by  permis- 
sion of  the  Secretary  of  War,  destroy,  mutilate,  deface,  injure,  or 
remove  any  monument,  column,  statue,  memorial  structure,  tablet, 
or  work  of  art  that  shall  be  erected  or  placed  upon  the  grounds  of 
the  park  by  lawful  authority,  or  shall  destroy  or  remove  any  fence, 
railing,  inclosure,  or  other  work  intended  for  the  protection  or  orna- 
mentation of  said  park  or  any  portion  thereof,  or  shall  destroy,  cut, 
hack,  bark,  break  down,  or  otherwise  injure  any  tree,  bush,  or  shrub 
that  may  be  growing  upon  said  park,  or  shall  cut  down  or  fell  or 
remove  any  timber,  battle  relic,  tree,  or  trees  growing  or  being  upon 
said  park,  or  hunt  within  the  limits  of  the  park,  or  shall  remove  or 
destroy  any  breastworks,  earthworks,  walls,  or  other  defenses  or 
shelter  on  any  part  thereof  constructed  by  the  armies  formerly  en- 
gaged in  the  battles  on  the  lands  or  approaches  to  the  park,  any 
person  so  offending  and  found  guilty  thereof,  before  any  United 
States  commissioner  or  court,  justice  of  the  peace  of  the  county  in 
which  the  offense  may  be  committeed,  or  any  court  of  competent 
jurisdiction,  shall  for  each  and  every  such  offense  forfeit  and  pay 
a  fine  in  the  discretion  of  the  said  commissioner  or  court  of  the 
United  States  or  justice  of  the  peace,  according  to  the  aggravation 
of  the  offense,  of  not  less  than  five  nor  more  than  five  hundred  dol- 
lars, one-half  for  the  use  of  the  park  and  the  other  half  to  the 
informant,  to  be  enforced  and  recovered  before  such  United  States 
commissioner  or  court  or  justice  of  the  peace  or  other  court  in  like 
manner  as  debts  of  like  nature  are  now  by  law  recoverable  in  the 
several  counties  where  the  offense  may  be  committed.1 — Sec.  7.  id.2 

69.  DISBURSEMENTS  TO  BE  APPROVED  BY  THE  SECRETARY  OF  WAR  AND 
REPORTED  ANNUALLY  TO  CONGRESS. — To  enable  the  Secretary  of  War 
to  begin  to  carry  out  the  purpose  of  this  act,  including  the  condem- 

!The  share  in  the  fine  offered  by  section  7  of  the  act  of  Feb.  21,  1899  (30  Stat.,  841), 
was  apparently  meant  as  a  reward  to  the  informant,  and  any  other  reward  offered  for 
final  conviction  would  be  an  additional  amount  for  the  same  service,  the  payment  of 
which  would  be  unauthorized.  (14  Comp.  Dec.,  732.) 

2  For  general  statutes  in  respect  to  offenses  in  national  military  parks,  see  the  act  of 
Mar.  3,  1897  (39  Stat.,  621),  pars.  4  to  11,  ante. 


41 

nation  or  purchase  of  the  necessary  land,  marking  the  boundaries 
of  the  park,  opening  or  repairing  necessary  roads,  restoring  the  field 
to  its  condition  at  the  time  of  the  battle,  maps  and  surveys,  mate- 
rial, labor,  clerical  and  all  other  necessary  assistants,  and  the  pay 
and  expenses  of  the  commissioners  and  their  secretary  and  assist- 
ants, the  sum  of  sixty-five  thousand  dollars,  or  such  portion  thereof 
as  may  be  necessary,  is  hereby  appropriated,  out  of  any  moneys  in 
the  Treasury  not  otherwise  appropriated,  and  disbursements  under 
this  act  shall  require  the  approval  of  the  Secretary  of  War,  and  he 
shall  make  annual  report  of  the  same  to  Congress. — Sec.  8,  id. 

o 


\ 


Syracuse,  **. 
PAL  JAN.  21 ,1908 


YC  63069 


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